§ 265-612 Final Plan, Approval Process
- The Zoning Officer shall review an application for final approval within one week of delivery and shall notify the applicant of any deficiencies of certify the applicant as complete. Submissions of deficient items shall be reviewed in the same manner. The Zoning Officer shall, when all application materials are submitted, certify the application as complete. The date on which completion is certified shall constitute the official filing date.
- Variation from original plan. In the event that the development plan submitted contains variations from the development plan granted Tentative Approval, the Borough may refuse to grant Final Approval and may, within forty-five (45) days of the official filing date of the application for Final Approval, advise the applicant, in writing, of said refusal, setting forth in said notice the reasons why one (1) or more of the variations are not in the public interest. In the event of such refusal, the landowner may either refile the Application for Final Approval without the variations objected; or file a written request with the Borough Council that it hold a public hearing on the Application for Final Approval. If the landowner wishes to take either alternate action, he may do so at any time within which he shall be entitled to apply for Final Approval, or within thirty (30) additional days, if the time for applying for Final Approval shall have already passed at the time when the landowner was advised that the Development Plan was not in substantial compliance. If the landowner fails to take either of these alternate actions within said time, he shall be deemed to have abandoned the Development Plan.
- In the event the application for final approval has been officially filed, together with all drawings, specifications and other documents in support thereof, and as required by this article and the official written communication of tentative approval, the Borough shall, within 45 days from the date of the regular meeting of the local planning commission, whichever first reviews the application, next following the date the application is filed, grant such development plan final approval. Provided, however, that should the next regular meeting occur more than 30 days following the filing of the application, the 45-day period shall be measured from the 30th day following the official filing date.
- The developer shall post financial security and shall execute a developer’s agreement as required by the local subdivision ordinance prior to recording of the final plat. The plat shall be recorded within 90 days of final plan approval. The developer’s agreement shall at a minimum, in addition to that required by the local subdivision ordinance, cite those provisions of the notice of tentative approval applicable to the respective phase, include a timeline for development proposed by the developer but not to exceed five years, reference construction inspections and responsibilities, reference the installation of landscaping and private amenities, and address the recordation of homeowners’ association documents and covenants.
- The developer shall be afforded the five-year timeline to commence and complete development as noted in Section 508 of the Pennsylvania Municipalities Planning Code, as amended, and otherwise applicable to subdivisions and land developments. Where the developer notifies the Borough that he has abandoned the plan or the aforesaid timeline cited in Section 508 expires, the plan shall be deemed abandoned and no further development or permits for such development shall take place. The Borough shall amend its ordinance to reclassify the property to a zoning district.