Article III Plan Processing

Submission to Administrator. Unless otherwise provided by this chapter, all required plans, applications, fees and supporting data shall be presented by certified mail or delivered in person to the Administrator not less than 21 calendar 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 21 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.

Electronic format. All plans and documents, in addition to the required number of paper copies, shall be submitted on compact disc in electronic Portable Document File (PDF) or other electronic format approved by the Township.

Official Map. The applicant shall, prior to submitting any plan, determine if any of the land proposed for subdivision or land development is subject to the Coolbaugh Township Official Map. If any of the land is subject to the Official Map, the options in § 275-8 of the Code of the Township of Coolbaugh are available to the applicant. The applicant is encouraged to contact the Township Zoning Officer prior to submitting the plan.

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

Resubmittal of plans.

The resubmittal 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 Board of Supervisors meeting at which the application is on the agenda.

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

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

Field inspections.

Landowner permission. It shall be implicit in any request for plan approval that the landowner automatically grants the Planning Commission, the Township Board of Supervisors, 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.

Scheduling. The Planning Commission or Board of Supervisors may, at the time of sketch plan or preliminary plan submission or at any other time deemed appropriate, schedule a field inspection of the parcel proposed for subdivision or development. The applicant or his representative shall, upon request by the Township, accompany the Township official or designated representative, 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.

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

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

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

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

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

§ 355-14 Sketch plan.

Optional: sketch plans.

Applicants are encouraged, but not required, to submit a sketch plan to the Planning Commission prior to the submission of a preliminary plan, land development plan or minor plan. The purpose of the sketch plan is to:

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

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

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

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

Establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted.

(f)

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

(g)

Any design parameters deemed necessary by the Township for conformance to the Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan.

The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and should be based closely upon the information contained in the existing resources and site analysis. The sketch plan should also be designed in accordance with the four-step design process described in § 355-44 of this chapter, and with the design review standards listed in § 355-45.

The critical part of the sketch plan review process is to lay the sketch plan on top of the existing resources and site analysis, prepared in accord with the requirements of § 355-26C, 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 should be prepared on translucent material (such as tracing paper or Mylar) and at the same scale as the existing resources/site analysis map.

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

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 and shall not confer any vested rights to the applicant nor initiate the ninety-day review period. All sketch plans submitted shall be so noted on the plan and in the minutes of the Planning Commission.

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

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 Township's regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the existing resources and site analysis at this meeting.

Existing resources and site analysis. Applicants should submit an existing resources and site analysis, in its context, prepared in accord with the requirements of § 355-26C. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for conducting a site inspection. This plan should be provided prior to or at the site inspection and form the basis for the development design as shown on the sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).

Site inspection. After preparing the existing resources and site analysis, applicants should arrange for a site inspection of the property by the Planning Commission and other municipal officials, and shall distribute copies of said site analysis at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated open lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.

Pre-sketch conference. Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in § 355-44 of this chapter, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.

Sketch plan submission and detailed review.

Five copies of a sketch plan, meeting the requirements set forth in § 355-24, shall be submitted to the Township Administrator during business hours for distribution to the Board, the Planning Commission, the Township Engineer and other designated consultants at least 15 days prior to the Planning Commission meeting at which the sketch plan is to be discussed.

The sketch plan may also be submitted by the Planning Commission to the Monroe County Planning Commission for review and comment.

The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the Township. Their 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 review shall include, but is not 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 and on the Township'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 Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan and the Open Space Plan; and

Consistency with the Township ordinances.

[7]

Consideration of any comments provided by the Monroe County Planning Commission, the Township Engineer, the Township Zoning Officer or other Township consultants.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Commission comments. The Commission may submit its written comments to the applicant.

(7)

Written comments. Comments of the Township Engineer, Township Zoning Officer and other Township consultants shall be made in writing and submitted to the Administrator prior to the meeting at which the sketch plan will be discussed.

(8)

Detail sketch plan review fee. The Township Administrator shall collect a sketch plan filing fee as established by resolution of the Board of Supervisors for all subdivisions and land developments submitted for detailed review.

Fees shall be charged in order to cover the costs of examining plans and other administrative expenses associated with the review of subdivisions and land developments.

§ 355-15 Preliminary plans for major subdivisions and land developments.

The applicant shall pay the fee at the time of application for review of the sketch plan.

Informal review. Sketch plans for informal review may be submitted to the Planning Commission at any scheduled meeting. In such case, five copies of the plan should be submitted, and the Planning Commission may provide comments on same during the meeting at which the sketch plan is submitted.

[Amended 12-5-2023 by Ord. No. 155-2023]

All applications for preliminary plans for major subdivisions and land developments shall be submitted to the Township and be processed in accord with this section.

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 § 355-24 specifically including the existing resources and site analysis, plus further details as required by this chapter.

Site inspection. A site inspection may be arranged and conducted in accord with § 355-14D(3).

Official filing and submission of preliminary plans.

Plan to be filed with the Township. Copies of the preliminary plan and all required supporting documentation shall be filed with the Township Administrator by the applicant or his authorized representative at least 15 calendar days prior to the Planning Commission meeting at which the applicant applies for the "Official Date of Preliminary Plan Submission."

Number of copies to be filed. The filing of the preliminary plan shall include the following number of paper copies and one electronic Portable Document File (PDF), or other electronic format approved by the Township, copy of the following:

An original and four copies of the completed subdivision plan application.

Five copies of the preliminary plan.

An original and four copies of the zoning compliance report.

An original and four copies of the required sewage planning module, stormwater management plan, erosion and sedimentation control plan and highway occupancy application or permit, and associated documentation.

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

Preliminary plan filing fee. The Township Administrator shall collect a preliminary plan filing fee as established by resolution of the Board of Supervisors. The applicant shall also provide a check made payable to the Monroe County Planning Commission in the amount of the required review fee.

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

The applicant shall pay an initial escrow fee at the time of initial submission of the application to the Administrator, and shall pay any fees in excess of the initial escrow within 30 days of the date of transmittal of a bill to the applicant for the same by the Township. Unless the bill is disputed in accordance with requirements of the Pennsylvania Municipalities Planning Code.[1]

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

Approved plans will not be released by the Township until all required fees have been paid in full.

Preliminary plan filing verification and distribution. Upon receipt of the preliminary plan and supporting data the Administrator shall verify the filing for the required number of copies of all documents.

If the filing is verified, the Administrator shall accept said plans and documentation, complete the filing verification on the status log and checklist, and provide a copy of the plan filing verification to the applicant. The Administrator may then distribute the plans and documentation in accord with Township policy to:

The Township Planning Commission.

The Township Solicitor.

The Township Zoning Officer.

The Township Sewage Enforcement Officer.

The Township Engineer.

Any other engineer or consultant designated by the Township.

If the filing is not verified, the Administrator shall complete the plan filing verification, noting any and all deficiencies or omissions in the filing, provide a copy of the plan filing verification to the applicant, and return all documents to the applicant.

The plan filing verification shall only verify that the correct number of copies of all plans and documentation have been filed and shall in no way be construed to be a plan submission receipt or begin the ninety-day review period.

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 is not in the proper form, the applicant shall be notified in writing of the deficiencies and the submission shall be rejected until said deficiencies are corrected then examined again at the next regularly scheduled or special meeting after the resubmission.

If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete the status log and checklist with the date of 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 filing verification occurs more than 30 days following the date of filing verification established in accord with Subsection B(4) of this section,the ninety-day review period shall be measured from the 30th day following the day of said filing verification.

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

Distribution of the preliminary plan. Following the official date of the preliminary plan submission established in Subsection B(5), the Township Administrator shall forward the plan and all required supporting documentation to the Monroe County Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Monroe Conservation District, PennDOT, and all other governing agencies.

Preliminary plan review and action.

Planning Commission review and action period. The Planning Commission shall review the properly submitted preliminary plan to determine compliance with this chapter and take action to reject, or recommend to the Board of Supervisors denial, approval, or approval with conditions and modifications, of such plan as provided in this Subsection C.

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

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

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

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the preliminary plan and communicate in writing such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Township review and action, including the written communication to the applicant, exceed 90 days from the official date of the preliminary plan submission as established pursuant to Subsection B(5).

Board of Supervisors approval with conditions.

When a preliminary plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the preliminary plan is considered and communicated in writing to the applicant as provided in Subsection C(2).

The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions is the reason for denial.

When a preliminary plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept said conditions and/or modifications, in writing within 15 days of receipt of said written notice, said conditional approval of the preliminary plan shall become an automatic disapproval and said plan shall be resubmitted as required by this section, including a new filing fee.

Board of Supervisors 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 Board of Supervisors meeting at which the preliminary plan is considered and communicated in writing to the applicant as provided in Subsection C(2).

Reviewing agency and officials comments. The Township may consider the comments and the recommendations provided pursuant to Subsection B(6) and may request such additional information as deemed necessary.

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

Sewage facilities planning modules. The Township may concurrently make its decision on the sewage facilities planning module, or may take action on the sewage facilities planning module prior to taking action on the preliminary plan. If approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Preliminary plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the preliminary plan shall be conditional upon the issuance of a highway occupancy permit by the Township or PennDOT, as the case may be. A note shall be placed on the plan as required by § 508(6) of the Municipalities Planning Code[2] and § 355-27B(3)(f).

§ 355-16 Final plans for major subdivisions and land developments.

Editor's Note: See 53 P.S. § 10508(6).

Public hearing. The Planning Commission and/or the Board of Supervisors 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 Township, and any such agreement shall be in writing.

Any preliminary plan filed with the Township which has not been revised within six months from the date of the last Township Engineer's review letter shall be deemed inactive and may be denied for failure to promptly process the plan in accordance with Township ordinances.

[Amended 12-5-2023 by Ord. No. 155-2023]

All final plans for major subdivisions and land developments shall be submitted and processed in accord with this section.

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

The subdivision has previously been granted an unconditional preliminary plan approval in accord with § 355-15 of this chapter or all conditions established by the Township for the preliminary plan approval have been fulfilled by the applicant.

All improvements such as roads and drainage facilities (see definition of improvements in Article II) which are shown on the preliminary plan have been completed or 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 § 355-15. In accord with § 355-5 of this chapter and § 508(4) of the Municipalities Planning Code,[1] 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 subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and complete any aspect of the approved development in accord with the terms of such approval within five years from such approval.

Editor's Note: See 53 P.S. § 10508(4).

Sections. Final plans may be submitted in sections in accord with § 508(4)(v), (vi) and (vii) of the Municipalities Planning Code,[2] each covering a portion of the entire proposed subdivision as shown on the preliminary plan.

Section size. Each section in the subdivision, except the last section, shall contain a minimum of 25% of the total number of lots and/or dwelling units as depicted on the preliminary plan except that the Board of Supervisors may approve a lesser percentage.

Section layout. When a final plan is proposed to be submitted by sections a proposed layout of the sections, their boundaries, the order of submission, and a schedule of submission shall be submitted to the Township for approval prior to submission of the first section.

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

Official filing and submission of final plans.

Plan to be filed with the Township. Copies of the final plan and all required supporting documentation shall be filed with the Township Administrator by the applicant or his authorized representative at least 15 calendar days prior to the Planning Commission meeting at which the applicant applies for the "Official Date of Final Plan Submission."

Number of copies to be filed. The filing of the final plan shall include the following number of paper copies and one electronic Portable Document File (PDF), or other electronic format approved by the Township, copy of the following:

An original and four copies of the completed subdivision plan application.

Seven of the preliminary plan.

An original and four copies of the zoning compliance report.

An original and four copies of the sewage planning module approval letter, the erosion and sedimentation control plan approval letter and the highway occupancy permit.

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

(f)

An original and three copies of the developer's agreement, if required.

Final plan filing fee. The Township Administrator shall collect a final plan filing fee as established by resolution of the Board of Supervisors. The applicant shall also provide a check made payable to the Monroe County Planning Commission in the amount of the required review fee.

The applicant shall pay an initial escrow fee at the time of initial submission of the application to the Administrator, and shall pay any fees in excess of the initial escrow within 30 days of the date of transmittal of a bill to the applicant for the same by the Township, unless the bill is disputed in accordance with requirements of the Pennsylvania Municipalities Planning Code.[3]

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

Approved plans will not be released by the Township until all required fees have been paid in full.

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

The Township Planning Commission.

The Township Solicitor.

The Township Zoning Officer.

The Township Sewage Enforcement.

The Township Engineer.

Any other engineer or consultant designated by the Township.

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 not complete or not in the proper form, the applicant shall be notified in writing of the deficiencies and the submission shall be rejected until said deficiencies are corrected then examined again at the next regularly scheduled or special meeting after the resubmission.

If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete the status log and checklist with the date of 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 filing verification occurs more than 30 days following the date of filing verification established in accord with Subsection D(4) of this section, the ninety-day review period shall be measured from the 30th day following the day of said filing verification.

Distribution of the final plan. Following the official date of the final plan submission established in Subsection D(5), the Township Administrator shall forward the plan and all required supporting documentation to the Monroe County Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Monroe Conservation District, PennDOT, and all other governing 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 the Board of Supervisors denial, approval or approval with conditions and modifications of such plan as provided in this Subsection E.

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

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

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the final plan and communicate in writing such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Township review and action, including written communication to the applicant, exceed 90 days from the official date of the final plan submission as established pursuant to Subsection D(5).

Board of Supervisors approval with conditions.

When a final plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the final plan is considered and communicated in writing to the applicant as provided in Subsection E(2).

The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions is the reason for denial.

When a final plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept said conditions and/or modifications in writing within 15 days of receipt of said written notice, said conditional approval of the final plan shall become an automatic disapproval and said plan shall be resubmitted as required by this section, including a new filing fee.

Board of Supervisors 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 Board of Supervisors meeting at which the final plan is considered and communicated in writing to the applicant as provided in Subsection E(2).

Reviewing agency and officials comments. The Township shall consider the comments and the recommendations provided pursuant to Subsection D(6) and may request such additional information as deemed necessary.

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

Planned improvements. The Board of Supervisors 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 have been certified as complete by the Township Engineer or a performance guarantee has been provided by the applicant pursuant to Article V of this chapter.

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

Recording of the final plan.

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

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

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

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

As-built plans. Within 90 days of improvements completion, the applicant shall record as-built plans including the information required by § 355-32 and provide a copy of the recorded plans and proof of recording to the Township. Failure of the applicant to comply with § 355-18R shall be subject to all the enforcement proceedings contained in this chapter and may result in recision of approval.

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

Any final plan filed with the Township which has not been revised within six months from the date of the last Township Engineer's review letter shall be deemed inactive and may be denied for failure to promptly process the plan in accordance with Township ordinances.

§ 355-17 Minor subdivisions.

[Amended 6-18-2019 by Ord. No. 136-2019; 12-5-2023 by Ord. No. 155-2023]

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

Official submission of minor subdivision plans.

Plan to be filed with the Township. Copies of the minor plan and all required supporting documentation shall be filed with the Township Administrator by the applicant or his authorized representative at least 15 calendar days prior to the Planning Commission meeting at which the applicant applies for the "Official Date of Minor Plan Submission."

Number of copies to be filed. The filing of the minor plan shall include the following number of paper copies and one electronic Portable Document File (PDF), or other electronic format approved by the Township, copies of the following:

An original and four copies of the completed subdivision plan application.

Seven of the minor plan. Following recommendation for approval by the Planning Commission and when all corrections have been made to the minor plan, five copies shall be submitted for final signature. Two reproducible plans on Mylar shall also be submitted.

An original and four copies of the zoning compliance report.

An original and four copies of the required sewage planning module.

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

(f)

An original and three copies of the developer's agreement, if required.

Minor plan filing fee. The Township Administrator shall collect a minor plan filing fee as established by resolution of the Board of Supervisors. The applicant shall also provide a check made payable to the Monroe County Planning Commission in the amount of the required review fee.

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

Approved plans will not be released by the Township until all required fees have been paid in full.

Minor plan filing verification and distribution. Upon receipt of the minor plan and supporting data the Administrator shall verify the filing for the required number of copies of all documents.

The Township Planning Commission.

The Township Solicitor.

The Township Zoning Officer.

The Township Sewage Enforcement.

The Township Engineer.

Any other engineer or consultant designated by the Township.

Official date of the minor plan submission. The official date of the minor 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 the status log and checklist with the date of said meeting as the official date of the minor plan submission and forward said receipt to the applicant.

If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 days following the date of filing verification established in accord with Subsection A(4) of this section, the ninety-day review period shall be measured from the 30th day following the day of said filing verification.

Distribution of the minor plan. Following the official date of the minor plan submission established in Subsection A(5), the Township Administrator shall forward the plan and all required supporting documentation to the Monroe County Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Monroe Conservation District, PennDOT, and all other governing agencies.

Minor plan review and action.

Planning Commission review and action period. The Planning Commission shall review the properly submitted minor plan to determine compliance with this chapter and take action to reject or recommend to the Board of Supervisors denial, approval, or approval with conditions and modifications, of such plan as provided in this Subsection B.

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

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

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the minor plan and communicate in writing such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Township review and action, including written communication to the applicant, exceed 90 days from the official date of the minor subdivision submission as established pursuant to Subsection A(5).

Board of Supervisors approval with conditions.

When a minor plan is approved with conditions, such conditions shall be communicated in writing to the applicant as provided in Subsection B(2).

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

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

Board of Supervisors 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 Board of Supervisors meeting at which the minor plan is considered and communicated in writing to the applicant as provided in Subsection B(2).

Reviewing agency and officials comments. The Township shall consider the comments and the recommendations pursuant to Subsection A(6) and may request such additional information as deemed necessary.

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

Sewage facilities planning modules. The Township may concurrently make its decision on the sewage facilities planning module, or may take action on the sewage facilities planning module prior to taking action on the minor plan. If approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Minor plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the minor plan shall be conditional upon the issuance of a highway occupancy permit by the Township or PennDOT, as the case may be. A note shall be placed on the plan as required by § 508(6) of the Municipalities Planning Code[2] and § 355-28B(6) of this chapter.

Editor's Note: See 53 P.S. § 10508(6).

Public hearing. The Planning Commission may conduct a public hearing on the proposed minor 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 Planning Commission shall endorse the minor plan for recording purposes. The Planning Commission shall retain at least one endorsed print.

Recording of the minor subdivision plan.

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

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

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

§ 355-18 Optional process for land development plans.

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

Any minor subdivision plan filed with the Township which has not been revised within six months from the date of the last Township Engineer's review letter shall be deemed inactive and may be denied for failure to promptly process the plan in accordance with Township ordinances.

Applicability. All plans for land developments, except as noted in Subsection D, may be submitted and processed in accord with this section.

Intent. The intent of this section 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. Occupancy of any structures which are part of the land development shall not be permitted until all required improvements have been completed by the developer and approved by the Township.

Nonqualifying land developments; preliminary plans and final plans required. Land developments which involve the transfer of any interest in real estate other than rental or short-term lease shall comply with § 355-15, Preliminary plans, and § 355-16, Final plans, of this chapter (e.g., condominiums, or townhouses transferred in fee).

Land development plan application. An application for land development plan approval shall be submitted in accord with this section.

Official filing and submission of land development plans.

Plan to be filed with the Township. Copies of the land development plan and all required supporting documentation shall be filed with the Township Administrator by the applicant or his authorized representative at least 15 calendar 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 filed. The filing of the land development plan shall include the following number of paper copies and one electronic Portable Document File (PDF), or other electronic format approved by the Township, copies of the following:

Six of the completed subdivision plan application.

Six of the land development plan.

Four of the required sewage planning module, stormwater management plan, erosion and sedimentation control plan and highway occupancy permit, and associated documentation.

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

Land development plan filing fee. The Township Administrator shall collect a land development plan filing fee as established by resolution of the Board of Supervisors. The applicant shall also provide a check made payable to the Monroe County Planning Commission in the amount of the required review fee.

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

Approved plans will not be released by the Township until all required fees have been paid in full.

Land development plan filing verification and distribution. Upon receipt of the land development plan and supporting data the Administrator shall verify the filing for the required number of copies of all documents.

The Township Planning Commission.

The Township Solicitor.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Township Zoning Officer.

The Township Sewage Enforcement Officer.

The Township Engineer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any other engineer or consultant designated by the Township.

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 the status log and checklist with the date of 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 filing verification occurs more than 30 days following the date of filing verification established in accord with Subsection F(4) of this section, the ninety-day review period shall be measured from the 30th day following the day of said filing verification.

Distribution of the land development plan. Following the official date of the land development plan submission established in Subsection F(5), the Township Administrator shall forward the plan and all required supporting documentation to the Monroe County Planning Commission. The applicant shall be responsible for submission of the plan and all required supporting documentation to the Monroe Conservation District, PennDOT, and all other governing 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 the Board of Supervisors denial, approval or approval with conditions and modifications of such plan as provided in this Subsection G.

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

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

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the land development plan and communicate in writing such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Township review and action, including written communication to the applicant, exceed 90 days from the official date of the land development plan submission as established pursuant to Subsection F(5).

Board of Supervisors approval with conditions.

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

The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions is the reason for denial.

When a land development plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept said conditions and/or modifications in writing within 15 days of receipt of said written notice, said conditional approval of the land development plan shall become an automatic disapproval and said plan shall be resubmitted as required by this section, including a new filing fee.

Board of Supervisors denials. When a land development plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Board of Supervisors meeting at which the land development plan is considered and communicated in writing to the applicant as provided in Subsection G(2).

Reviewing agency and officials comments. The Township shall consider the comments and the recommendations provided pursuant to Subsection F(6) and may request such additional information as deemed necessary.

Monroe County Planning Commission comments. No official action shall be taken by the Board of Supervisors until the Township has received and considered the comments of the Monroe County Planning Commission or after 30 days following transmittal of the land development plan to the County Planning Commission.

Sewage facilities planning modules. The Township may concurrently make its decision on the sewage facilities planning module, or may take action on the sewage facilities planning module prior to taking action on the land development plan. If approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Land development plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.

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

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

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

Authorization to proceed with land development or to provide a financial guarantee. Following any approval granted pursuant to Subsection G(2) and when all requirements and conditions have been fulfilled by the applicant to satisfy any conditional approval, the Township shall provide to the applicant a letter authorizing the applicant to proceed with site development and construction in accord with the approved plan. In lieu of constructing the improvements, the applicant may provide a financial guarantee in accord with Article V of this chapter.

Final approval; signature of land development plan. The Board of Supervisors shall not sign the land development plan until such time as all the improvements shown on the land development plan have been installed by the applicant, and have been certified as complete by the Township Engineer, or a performance guarantee has been provided by the applicant pursuant to Article V of this chapter. When all these requirements and conditions have been fulfilled by the applicant, the Board of Supervisors shall endorse the land development plan for recording purposes. The Board of Supervisors shall retain at least one endorsed print.

Recording of the land development plan.

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

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

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

§ 355-19 Plans for minor residential land developments.

Certificate of conformance. No use of land or structure within the land development shall be initiated until such time as a certificate of conformance has been issued for the land and structure(s) in accord with this chapter. In cases where a financial guarantee for final approval has been provided in lieu of the construction of improvements, no certificate of conformance shall be issued until such time as all the improvements shown on the land development plan have been installed by the applicant, and have been certified as complete by the Township Engineer pursuant to Article V of this chapter.

As-built plans. Within 90 days of improvements completion, the applicant shall record as-built plans including the information required by § 355-32 and provide a copy of the recorded plans and proof of recording to the Township. Failure of the applicant to comply with this Subsection R shall be subject to all the enforcement proceedings contained in this chapter and may result in recision of approval.

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

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

Procedure and other requirements. Minor residential land development plans shall be processed in accord with the requirements for minor subdivisions in § 355-17 of this chapter. All information and design requirements of this chapter applicable to land developments shall also apply to minor residential land developments except as provided in this section. The Board of Supervisors may, based upon the character of the project and site conditions, waive the applicability of any or all of the land development requirements, including the requirement for a survey of the project parcel.

Minor residential land development determination.

Request to be filed with the Planning Commission. The request for minor residential land development determination shall be submitted to the Township Administrator by the applicant or his authorized representative in writing at least 15 calendar days prior to the Planning Commission meeting which the applicant will attend. The request shall contain such information as may be necessary for the Township to determine the minor land development status of the proposed project in accord with this section. The Township shall have the right to require any additional information deemed necessary.

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

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

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

§ 355-20 Minor plans for lot line adjustments.

If the Planning Commission determines that the subject development does not meet the criteria for a minor residential land development, said development shall be considered a regular land development governed by § 355-18 of this chapter, and the information required for the application shall be submitted in accord with all the applicable sections of this chapter and all other applicable requirements.

Minor residential land development application information. The plan requirements for a zoning permit for a single-family dwelling shall apply to minor residential land development plans. However, the Township may require any additional information necessary as site specific conditions dictate to determine compliance with this chapter and any other requirements. A survey of the parcel of property containing the proposed minor residential land development shall generally not be required; however, the Township shall have the right to require a survey by a registered surveyor in cases where circumstances dictate the need for same to assure compliance with applicable requirements. The Township shall also have the right to apply any of the standards and requirements contained in this chapter.

Lot improvement subdivisions. Lot improvement subdivisions shall be processed pursuant to § 355-17 for minor subdivisions and shall include the information required by § 355-28. Sewage planning modules may not be required unless additional new sewage disposal areas are proposed or sewage flows are increased.

Combination of adjacent lots in a recorded subdivision. Minor subdivision plans to combine adjacent lots in a recorded subdivision shall be processed as follows:

Plan to be filed with the Township. Copies of the combination plan and all required supporting documentation shall be filed with the Township Administrator by the applicant or his authorized representative at least 15 calendar days prior to the Board of Supervisors meeting at which it will be proposed.

Number of copies to be filed. The filing of the combination plan shall include the following number of paper copies and one electronic Portable Document File (PDF), or other electronic format approved by the Township, copies of the following:

Two of the completed subdivision plan application.

A certified copy of the original subdivision plan which is filed with the Monroe County Recorder of Deeds.

A certified copy of the deed to each property involved.

Two Mylar and three paper copies of the plan.

Proof of notification to the appropriate property owners association and/or community association.

Minor plan filing fee.

The Township Administrator shall collect a combination plan filing fee as established by resolution of the Board of Supervisors.

Approved plans will not be released by the Township until all required fees have been paid in full.

Plan information. The plan shall comply with the plan content requirements of § 355-29.

Board of Supervisors review and action. The Board of Supervisors shall review the application and required items and take action in accord with § 355-17B.

Plan recording. After approval of an application by the Board of Supervisors, the applicant shall record the plan in accordance with § 355-17I.

§ 355-21 Revisions and resubdivisions.

Except as provided in § 355-20, any revision or resubdivision of a recorded plan shall be considered a new subdivision and shall come under the jurisdiction of this chapter. However, a submission to correct erroneous data or omissions on recorded plans shall not be considered a revision or resubdivision.

§ 355-22 Contiguous municipalities.

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