This chapter shall be known and may be cited as the "Borough of Carlisle Subdivision and Land Development Ordinance." The chapter shall constitute Chapter 226 of the Code of the Borough of Carlisle and its provisions shall be editorially renumbered consistent therewith.
The Borough of Carlisle Subdivision and Land Development Ordinance has been designed and adopted to provide uniform standards and procedures for the regulation of subdivision and land development within the Borough of Carlisle. The purpose of such regulation is to provide for the harmonious development of the Borough by:
A. 
Assuring that sites are suitable for building purposes and human habitation.
B. 
Coordinating proposed streets and other proposed public improvements with those existing.
C. 
Assuring that adequate easements and rights-of-way are provided for drainage facilities, public utilities, streets and other public improvements.
D. 
Assuring equitable and uniform handling of subdivision and land development plat applications.
E. 
Assuring coordination of Borough and intermunicipal public improvement plans and programs.
F. 
Assuring the efficient and orderly extension of community facilities and services at minimum cost and maximum convenience.
G. 
Regulating the subdivision and development of land within any flood hazard area or floodplain district in order to promote the health, safety and welfare of the citizens of the Borough.
H. 
Requiring that each lot in flood-prone areas include a safe building site with adequate access and that public facilities which serve such uses be designed and installed to minimize flood damage.
I. 
Assuring the reservations, if any, by the developer of any area designated for use as public grounds shall be suitable in size and location for their designated uses.
J. 
Guiding the future growth and development of the Borough in accordance with the adopted Comprehensive Plan.
K. 
Assuring that all documents prepared as part of a land ownership transfer fully and accurately describe the parcel of land being subdivided and the new parcel(s) thus created.
L. 
Assuring the greater health, safety, convenience and welfare of the citizens of the Borough.
M. 
Effecting any additional purposes provided for in Article V of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Borough Council shall have the authority to approve, conditionally approve or disapprove all preliminary and final subdivision or land development plat applications as required herein.
B. 
The Borough Planning Commission is hereby designated as the agency which shall review and make recommendations on all subdivision and land development plat applications as required herein. A staff report will be forwarded to the Planning Commission for consideration, upon the receipt of a complete application a minimum of 30 days after submission. In no case shall an application be considered by the Planning Commission within the same month as it is submitted.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
C. 
Preliminary and final subdivision and land development plat applications within the Borough shall be forwarded, upon receipt by the Public Works Department, to the Cumberland County Planning Commission for review and report. The Borough Council shall not approve such applications until the county report is received or until the expiration of 30 days from the date the application was forwarded to the Cumberland County Planning Commission. As evidence of their review and report, officials of the Cumberland County Planning Commission should sign final plats which have been formally approved by the Borough before such plats are presented for recording.
D. 
Prior to the recording of a final plan, and official municipal signatures, the applicant shall provide to the Borough a digital file in a format identical to that format required by the Cumberland County Planning Department that includes all plan sheets of the plan, including but not limited to, lots, elevations, topography, all improvements, utilities and all other items and featured required by the ordinances of the Borough and those required as a result of plan review.
[Added 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
E. 
The Borough shall have a maximum of seven days to conduct a review of all submitted documents and items to ensure that the application is administratively complete. Those items that must be submitted with the application to determine if a submission is administratively complete are indicated below. Applications that are deemed incomplete may be returned to the applicant.
[Added 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
(1) 
An application signed by the lawful owner(s) of the subject lands;
(2) 
Where applicable, a traffic impact study if the project includes the associated trip generations in the ultimate build-out for the building(s) or lands;
(3) 
Documentation that a presubmission public outreach meeting was held, as required by this chapter;
(4) 
An initial check for $1,000 to cover professional consultant engineering, geotechnical, legal, or other review fees as per § 226-12;
(5) 
Where applicable, environmental impact reports, such as brownfield assessment, floodplain, sinkhole hazard/mitigation, wetland, etc. (§§ 226-20C, D, and E and 226-22);
(6) 
Where applicable, stormwater management information and plan (§ 226-20L)
(7) 
Copies of the plan as required by § 226-20A; and
(8) 
Filing fee as required by § 226-11.
A. 
No subdivision or land development of any lot, tract or parcel of land located in the Borough of Carlisle shall be effected, and no street, sanitary sewer, storm sewer, water main or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings thereon unless and until a final subdivision or land development has been approved by the Borough Council and publicly recorded in the manner prescribed herein in strict accordance with the provisions of this chapter.
B. 
No lot or unit in a subdivision or land development may be sold; no permit to erect or alter any building upon land in a subdivision or land development may be issued; and no building may be erected or altered in a subdivision or land development unless and until a final subdivision or land development plat has been approved by the Borough Council and recorded and until the improvements required in connection therewith have been either constructed or guaranteed in a manner prescribed herein.
C. 
Unit or condominium subdivision or land development of real property is included within the meaning of subdivision and land development as defined herein and must comply with these regulations. Such compliance shall include, but not be limited to, the filing of preliminary and final plats, payment of established fees and charges, location of each structure and clear definition of each unit, public easements, common areas, improvements and all easements appurtenant to each unit. In addition to the required submissions, a preliminary declaration plan shall be submitted for approval by the Borough. When the project is complete, a copy of the declaration plan shall be filed with the Borough.
D. 
All subdivision and land development plats are subject to all zoning regulations.
In any case where a provision of the Borough of Carlisle Subdivision and Land Development Ordinance is found to conflict with the provisions of a zoning, building, fire, safety or health ordinance or code of this Borough or law, rule or regulation of the Commonwealth of Pennsylvania, the provision which establishes the more restrictive standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of the Borough of Carlisle Subdivision and Land Development Ordinance is found to be in conflict with the provision of another ordinance or code of this Borough or law, rule or regulation of the Commonwealth of Pennsylvania which establishes a less restrictive standard for the promotion and protection of the health and safety of the people, the provisions of the Borough of Carlisle Subdivision and Land Development Ordinance shall be deemed to prevail.
A. 
Enactment of subdivision and land development ordinance.
(1) 
Before voting on the enactment of a proposed subdivision and land development ordinance, the Borough Council shall hold a public hearing thereon, pursuant to public notice. A brief summary setting forth the principal provisions of the proposed ordinance and a reference to the place within the municipality where copies of the proposed ordinance may be secured or examined shall be incorporated in the public notice. Unless the proposed subdivision and land development ordinance shall have been prepared by the Planning Commission, the Borough shall submit the ordinance to the Planning Commission at least 45 days prior to the hearing on such ordinance to provide the Planning Commission an opportunity to submit recommendations. At least 45 days prior to the public hearing on the ordinance the Borough shall submit the proposed ordinance to the Cumberland County Planning Commission for recommendations.
(2) 
Within 30 days after adoption, the Borough shall forward a certified copy of the subdivision and land development ordinance to the Cumberland County Planning Commission.
B. 
Amendment of subdivision and land development ordinance.
(1) 
Amendments to the subdivision and land development ordinance shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a proposed ordinance by this article. In addition, in case of an amendment other than that prepared by the Planning Commission, Borough Council shall submit each such amendment to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment. At least 30 days prior to the hearing on the amendment, the Borough shall submit the proposed amendment to the Cumberland County Planning Commission for recommendations.
(2) 
Within 30 days after adoption, the Borough, shall forward a certified copy of any amendment to the subdivision and land development ordinance to the Cumberland County Planning Commission.
C. 
Publication, advertisement and availability of ordinance.
(1) 
Proposed subdivision and land development ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The governing body shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary prepared by the Municipal Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(a) 
A copy thereof shall be supplied to a newspaper of general circulation in the municipality at the time the public notice is published.
(b) 
An attested copy of the proposed ordinance shall be filed in the county law library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
(2) 
In the event that substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Borough shall, at least 10 days prior to enactment, readvertise, in one newspaper of general circulation in the municipality, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
(3) 
Subdivision and land development ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
D. 
The provisions of this section are intended to be identical to provisions of the Pennsylvania Municipalities Planning Code,[1] and, to the extent that they are not, either presently or as the state code is hereafter amended, the provisions of the Pennsylvania Municipalities Code shall be applied and supersede the provisions herein.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The provisions of this Subdivision and Land Development Ordinance, so far as they are the same as those ordinances in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and not as new enactments. The provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any ordinance repealed by this chapter.
A. 
The grant of a permit or approval of a subdivision or land development plan in the identified flood-prone areas or mudslide-prone areas shall not constitute a representation, guaranty or warranty of any kind by the Borough or by any official employee or appointee thereof of the practicability or safety of the proposed use and shall create no liability upon the Borough, its officials, employees or appointees.
B. 
The foregoing is not to be construed as an assumption of liability on the part of the Borough with respect to any other act or omission in connection with the Borough of Carlisle Subdivision and Land Development Ordinance.