No person or property owner shall hereafter subdivide any land
within the Borough without first having obtained approval in accordance
with this chapter.
A.
Definition. A minor subdivision means a subdivision of land that
does not involve:
(1)
More than three lots, including lands remaining.
(2)
A planned development.
(3)
Any new street.
(4)
Extension of any off-tract improvement.
(5)
Adverse effect on the development of the remainder of the parcel.
(6)
Conflict with any provision of this chapter, the Master Plan, Official
Map or other ordinances.
B.
Yearly limitation. A lot or part thereof shall not be subdivided
or resubdivided by means of a minor subdivision at a rate to exceed
two additional new lots during any twelve-month period.
A.
Application. The owner or agent shall sign and make application in triplicate on Planning Board forms accompanied by 12 copies of the sketch plat in accordance with this chapter and a tax map scale drawing with the appropriate requirements as set forth in the definition of "tax map scale drawing" in § 270-13.
[Amended 5-10-1994 by Ord. No. 606-94]
B.
Time. The application shall be submitted to the Board Secretary at
least two weeks prior to the regular meeting at which consideration
is desired.
C.
Notice and hearing. Notice and public hearing on application for
minor subdivision shall be waived if the Board or Subdivision Committee
thereof finds that the application for development conforms to the
definition of "minor subdivision." Approval shall be deemed to be
final approval of the subdivision by the Board.
[Amended 12-19-1991 by Ord. No. 317-91]
D.
Action on application; expiration of approval.
(1)
Approval shall be granted or denied within 45 days of the date of
submission of the complete application or such further time as may
be consented to by the applicant. Failure to act within the period
shall constitute approval, and a certificate of the Board Secretary
as to the failure of the Board to act shall be issued on request of
the applicant and be sufficient in lieu of a written endorsement or
other evidence of approval herein required and be so accepted by the
County Clerk for purposes of filing in the same manner as an approved
deed.
(2)
Whenever review or approval of the application by the County Planning
Board is required, the Borough Planning Board shall condition its
approval upon timely receipt of a favorable report from the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time.
(3)
Approval shall expire 190 days from the date of Borough approval
unless within such period a deed in conformity with such approval
describing the minor subdivision is filed by the developer with the
County Clerk, the Borough Engineer and the Borough Tax Assessor. Any
such deed accepted for filing shall have been signed by the Chairman
and Secretary of the Planning Board.
E.
Protection. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which approval was granted
shall not be changed for two years after the date of approval, provided
that the deed shall have been duly recorded as provided herein.
F.
Deed. The deed description shall indicate that 25 feet from the center
line of the public road upon which the lot fronts is dedicated for
public use as a road. Required lot size shall not include any area
dedicated for or within the road right-of-way. The deed description
shall run to the center line of the public road and contain the statement
that it is subject to the rights of the public for use as a public
road within the strip 25 feet wide running along the center line of
the public road.
A.
Definition. All subdivisions not classified as minor subdivisions
are major subdivisions.
B.
Procedure for preliminary approval. The applicant shall submit to
the Board Secretary a plat and other such information as necessary
to make an informed decision as to whether the requirements for preliminary
approval have been met. This shall include an environmental impact
statement in accordance with this chapter. This plat and other engineering
documents shall be required in tentative form for discussion purposes
for preliminary approval. If the application for development is found
to be incomplete, the developer shall be notified within 45 days of
submission or it shall be deemed to be properly submitted.
C.
Amendments. If the Board requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a hearing, an amendment application shall be submitted
and proceeded upon as in the case of the original application. The
Board shall, if the proposed subdivision complies with this chapter,
grant preliminary approval to the subdivision.
D.
Time for approval. Upon submission to the Board Secretary of a complete
application for a subdivision of 10 or fewer lots, the Board shall
grant or deny preliminary approval within 45 days of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a subdivision of more
than 10 lots, the Planning Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise the Planning
Board shall be deemed to have granted preliminary approval to the
subdivision.
E.
Effect of preliminary approval.
(1)
Preliminary approval of a major subdivision shall confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
(a)
The general terms and conditions on which preliminary approval was
granted shall not be changed, including but not limited to use requirements,
layout and design standards for streets, curbs, and sidewalks, lot
size, yard dimensions and off-tract improvements, except that nothing
herein shall be construed to prevent the Borough from modifying by
ordinance such general terms and conditions of preliminary approval
as they relate to public health and safety.
(b)
The applicant may submit for final approval, on or before the expiration
date of preliminary approval, the whole or a section or sections of
the preliminary subdivision plat.
(c)
The applicant may apply for and the Board may grant extensions on
such preliminary approval for additional periods of at least one year,
but not to exceed a total extension of two years, provided that if
design standards have been revised by ordinance, such revised standards
may govern.
(2)
If the subdivision is for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection E(1) above for such period of time longer than three years as determined by the Board as reasonable, taking into consideration:
(3)
The applicant may thereafter apply for and the Board may grant an
extension to preliminary approval for such additional period of time
as shall be determined by the Board to be reasonable, provided that
if the design standards have been revised such revised standards may
govern, taking into consideration:
