§ 395-11. Final plan.

A. 

Submission.

(1) 

Within 12 months after approval of the preliminary plan by the Borough Council, the applicant shall submit a final plan and all required supplementary data to the Borough unless an extension of time is granted by the Council. If an extension is not granted, failure to submit the final plan within 12 months may result in a determination by the Borough Council that it will consider any plat submitted after 12 months as a new preliminary plan.

(2) 

The final plan shall be submitted to the Borough no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to waive this requirement in its sole discretion.

(3) 

Any revised final plan submitted to the Borough for review shall be submitted by the applicant to the Borough no less than 28 days prior to the regularly scheduled meeting of the Borough Planning Commission at which it is to be considered. The Planning Commission has the right to waive this requirement in its sole discretion.

(4) 

Official submission of a final plan shall include:

(a) 

Five completed Application for Review of Final Plan (Form 3).

(b) 

Ten black-on-white prints on paper of the final plan which shall comply with the requirements of § 395-17.

(c) 

Eight copies of all other supplementary data and plans as outlined in § 395-17.

(d) 

Evidence of review of an Erosion and Sediment Control Plan by the Northampton County Conservation District.

(e) 

Evidence that the final plan has been submitted to the telephone, cable television and gas companies which will serve the subdivision or land development.

(f) 

An affidavit that the applicant is the Landowner of the land proposed to be developed and has the authority to proceed on behalf of all claiming any ownership interest therein.

(g) 

In the case of a subdivision or land development adjoining Lehigh Township, the applicant shall submit an additional copy of the final plan to the Borough. The Borough will solicit a review and report from the Township.

(5) 

Failure of the applicant to submit all items required under Subsection A(4) of this section, or failure of the final plan to comply with the requirements of § 395-17, shall be grounds for the Borough to refuse to accept the final plan for review.

(6) 

The Borough Council may permit the applicant to submit a final plan in sections in accordance with the schedule provided for in § 395-10A(3), subject to such requirements or improvements guarantees in future sections as it finds essential for the protection of any finally approved section of the subdivision or land development.

(7) 

The final plan shall conform to the approved preliminary plan, except that it shall incorporate all modifications required by the Borough Council in its approval of the preliminary plan. Failure to comply with past reviews shall constitute grounds for the Borough Council to disapprove the final plan.

B. 

Review by Borough Planning Commission. When a final plan has been accepted for review, the Borough Planning Commission shall review the final plan at one or more regularly scheduled or special meetings.

(1) 

Review and determinations.

(a) 

The Borough Engineer shall review the final plan to determine whether the final plan meets the requirements of this chapter and submit a written report thereon to the Borough Planning Commission.

(b) 

The Borough Zoning Officer shall review the final plan to determine whether the final plan meets the requirements of Chapter 450, Zoning, of the Code of the Borough of Walnutport and other applicable codes and submit a written report thereon to the Borough Planning Commission.

(c) 

The Borough shall review the final plan to determine its conformance to the Borough public improvements requirements and other utility requirements. The Borough shall submit a written report to the Borough Planning Commission and recommend changes, alterations or modifications, as he may deem necessary. The report shall include an estimate of the cost of construction of underground electric service.

(2) 

After the final meeting at which the final plan is reviewed by Borough Planning Commission, the Commission shall notify the Borough Council in writing of its comments regarding the plan. The Commission may recommend that the final plan be approved or disapproved. If the Commission recommends that the final plan be disapproved because the provisions of this chapter have not been met, the specific provisions of this chapter which have not been met shall be noted. The Commission will notify Borough Council within 15 days after the final meeting at which it reviews the final plan.

C. 

Review by Borough Council. After a final plan has been reviewed by the Borough Planning Commission and the written comments of the Commission regarding the plan have been forwarded to the Borough Council, the plan shall be reviewed by the Borough Council at one or more regularly scheduled or special meetings.

(1) 

No official action shall be taken by the Borough Council with respect to the final plan until the Borough has received the written report of the County Planning Commission, provided that the report is received within 30 days from the date the final plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Borough Council may proceed to take action on the final plan without consideration of comments from the County Planning Commission.

(2) 

Before acting on a final plan, the Borough Council may hold a public hearing thereon after public notice.

(3) 

Rendering and communication of decision.

(a) 

The Borough Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should said next regular meeting occur more than 30 days following the filing of the application, said ninety-day period shall be measured from the 30th day following the day the application has been filed.

(b) 

Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the applicant has agreed 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 manner of presentation of communication shall have like effect.

(4) 

The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed by certified mail to him at his last known address not later than 15 days following the decision. If delivered personally, the applicant shall give the Borough a receipt indicating he has received the decision.

(5) 

When the application is not approved in terms as filed, the decision 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 ordinance relied upon.

(6) 

A final plan shall not be recorded, nor shall any zoning or building permit be issued, until the requirements of § 395-12 of this chapter have been met.