A. 
The Borough Council, on the recommendation of the Planning Commission, shall have the duty and authority for the administration and general enforcement of the provisions of this Subdivision and Land Development Ordinance, as specified or implied herein. The Zoning Officer and Assistant Zoning Officer shall have the duty and authority for controlling enforcement of the provisions of this chapter, as specified or implied herein or in other ordinances of the Borough. Any reference in this chapter to Zoning Officer shall also include Assistant Zoning Officer as if fully set forth therein.
[Amended 1-12-2023 by Ord. No. 2414, approved 1-12-2023]
B. 
In order to cover staff costs of reviewing plans, initial site investigations, meetings and public hearings incidental to the review of a subdivision or land development plan, an applicant shall pay a nonrefundable filing fee as set forth below at the time of application. No preliminary or final subdivision and/or land development plat shall be received or reviewed by the Borough of Carlisle unless or until an application has been filed and until all such fees have been paid.
C. 
The Zoning Officer shall require that the sewer module accompanying applications for sewage disposal system permits contain all the information necessary to ascertain that the site for the proposed system is acceptable in accordance with the provisions of this chapter, the Rules and Regulations of the Pennsylvania Department of Environmental Protection and the provisions of any other applicable ordinance of the Borough.
D. 
The approval of a subdivision or land development plat or of any improvement installed or the granting of a permit for the use of land or erection of a structure thereon shall not constitute a representation, guaranty or warranty of any kind or nature by the Borough or any official, employee or appointee thereof of the safety of any land, improvement, property or use from any cause whatsoever and shall create no liability upon or cause of action against the Borough or such official, employee or appointee for any damage that may result pursuant thereto.
E. 
Public outreach meeting.
[Added 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
(1) 
Any applicant that desires to submit a land development or subdivision plan application to the Borough is required to host a public outreach meeting to include all property owners within a 200-foot radius of the lot lines of the property subject to the proposed land development or subdivision prior to the submission of an application. For purposes of providing notice to the property owners, the applicant shall confirm the names and addresses of the property owners with the records of the Cumberland County Assessment Office. Notice of the time, date, location and subject matter of the public meeting shall be provided by the applicant to the property owners by certified mail, return receipt requested and by regular first-class mail, postage prepaid, at least 10 days prior to date of the public meeting.
(2) 
The purpose of the public outreach meeting is to afford the property owners the opportunity to review the proposed plan, be informed of and to discuss with the applicant the design, environmental, infrastructure, recreation, parking, traffic impacts, transportation, zoning and all other issues before the application is submitted to the Borough. The applicant is responsible for all costs of mailing and coordinating the meeting.
(3) 
The applicant shall submit with its application to the Borough copies of all letters sent to the property owners as required above. The failure of the applicant to submit copies of all letters sent to the property owners when the application is submitted shall result in the application being rejected as being administratively incomplete. The applicant providing notice and holding a public meeting as required in this section shall not be deemed the beginning of any time period for review as prescribed by law or this chapter.
At the time of filing an application under this chapter, all plats shall be accompanied by a check payable to the Borough, in an amount as provided for, to defray the cost of reviewing the proposed plats and required data.
A. 
The fees for filing a preliminary subdivision plat and a final subdivision plat shall be as set forth in Chapter 120, Fees, of the Code of the Borough of Carlisle, as enacted and ordained and as may be, from time to time, amended.
B. 
The fees for filing a preliminary land development plat and a final land development plat shall be as set forth in Chapter 120, Fees, of the Code of the Borough of Carlisle, as enacted and ordained and as may be, from time to time, amended.
A. 
Deposit.
[Amended 5-11-2017 by Ord. No. 2271, approved 5-11-2017]
(1) 
At the time the applicant files a preliminary and/or final land development plan or subdivision plan or a stormwater management plan, the applicant shall deposit with the Borough the sum of a minimum of $1,000, possibly more, to be held in a non-interest-earning escrow account by the Borough for purposes of covering the charges of professional consultants utilized by the Borough to review, comment and make recommendations with respect to the plan filed. In the event the escrow account becomes exhausted, the applicant shall deposit additional funds into the escrow account in increments of $1,000. Upon recording of the plan, or in the case of a stormwater management plan, approval of the stormwater management plan, the Borough will return all remaining funds in the escrow account to the applicant.
(2) 
The applicant shall deposit a sum equal to 10% of the Borough-approved estimated construction cost of the public improvements of the land development or stormwater management project to be held in a non-interest-earning escrow account by the Borough for purposes of covering the charges of professional consultants utilized by the Borough associated with, but limited to, site inspection, attendance at meetings with the applicant, final inspection on completion of installation of required improvements and legal reviews. In the event the escrow account becomes exhausted, the applicant shall deposit additional funds into the escrow account in increments of $1,000. Upon completion of construction and the required dedication of facilities or improvements, if any, to the Borough, the Borough will return all remaining escrow funds to the applicant.
(3) 
The amount of the initial deposits and any additional funds required to be deposited as noted in Subsection A(1) and (2) above may be modified from time to time by resolution of Borough Council.
B. 
If the aforesaid deposits are insufficient to cover the charges of the professional consultant to the Borough for the aforesaid services rendered or any other engineering services rendered relating to the plat, the Borough shall bill the applicant for such deficiency. The applicant shall pay the Borough the amount of such bill. If the aforesaid deposits exceed said charges of the professional consultant to the Borough, the balance remaining shall be refunded to the applicant, without interest, after final release by the Borough Council of any security posted with respect to maintenance or repair of the improvements required.
C. 
Review fees shall include reasonable and necessary charges by the Borough's professional consultant(s) or engineer for review and report thereon to the Borough. Such review fees shall be based upon a schedule established by Chapter 120, Fees, of the Code of the Borough of Carlisle, as enacted and ordained and as may be, from time to time, amended. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the professional engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.
(1) 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 14 days of the applicant's receipt of the bill, notify the municipality that such fees are disputed, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
(2) 
In the event the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Borough shall follow the procedure for dispute resolution set forth in § 226-13C, provided the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.
A. 
General fees. Fees for all other permits and charges required for or by the Borough, Carlisle Borough Sewer System Authority or other appropriate Borough authority, including but not limited to fees or charges for opening streets; connecting to sanitary sewer and/or water systems; building, zoning, sewer and/or construction inspections; recreation area fees; stormwater assessments, etc., shall be paid prior to issuance of any applicable permit or acceptance of applicable dedication or sooner, where provided by this chapter or other ordinance, or as otherwise provided by law, by cash or a check to the Borough.
B. 
Dedication fees. At the time of filing of a final plat, the applicant shall deposit with the Borough an estimated amount to cover the costs of advertising any ordinance accepting dedication of applicable required improvements and to cover the costs of recording the ordinance and any deed of dedication, easement and right-of-way with respect thereto. If the aforesaid deposit is insufficient to cover such costs, the Borough shall bill the applicant for such deficiency. The applicant shall pay the Borough the amount of such bill. If the aforesaid deposit exceeds the costs of advertising and recording, the balance remaining shall be refunded to the applicant without interest after final release by the Borough Council of any security posted with respect to maintenance or repair of the improvements required by this chapter.
C. 
Construction inspection fees required for public improvements. The applicant shall reimburse the Borough for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by Chapter 120, Fees, of the Code of the Borough of Carlisle, as enacted and ordained and as may, from time to time, be amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Municipal Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants. Such fees shall be paid within 30 days of invoice and prior to any dedication and acceptance of any improvements.
(1) 
In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Borough that such expenses are disputed as unreasonable or unnecessary, in which case the Borough shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
(2) 
If, within 20 days from the date of billing, the Borough and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and Borough shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(3) 
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer, in his or her sole opinion, deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(4) 
In the event that the Borough and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Borough is located (or if, at the time, there is no President Judge, then the senior active judge when sitting) shall appoint such engineer who, in that case, shall be neither the Municipal Engineer nor any professional engineer who has been retained by or performed services for the Borough or the applicant within the preceding five years.
(5) 
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Borough shall pay the fee of the professional engineer, but otherwise the Borough and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
D. 
Eminent domain fees. At or before the date on which the final plat is to be considered by the Borough Council, the applicant shall deposit with the Borough an estimated amount determined by the Borough Council sufficient to cover the costs of any eminent domain proceedings which may be instituted by the Borough for the installation of any off-site improvements required, including but not limited to filing fees, engineering, surveys, appraisals, expert witnesses, discovery, court costs, condemnee damages and attorney's fees. If the aforesaid deposit is insufficient to cover said costs, the Borough shall bill the applicant for such deficiency. The applicant shall pay the Borough the amount of such bill. If the aforesaid deposit exceeds such costs, the balance remaining shall be refunded to the applicant without interest, after such proceedings shall become final.
A. 
The Borough Council may, upon the recommendation of the Planning Commission, grant a modification or waiver of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such relief will not be contrary to the public interest, and that the purpose and intent of this chapter is observed.
[Amended 5-13-2021 by Ord. No. 2377, approved 5-13-2021]
B. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
C. 
The Borough Council may refer the request to the planning agency for its recommendations.
D. 
The Borough Council shall keep a written record of all action on all requests for modifications.
A. 
Response to violations. In addition to other remedies, the Borough may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or promises. The description by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
B. 
Denial of permit or approval.
(1) 
The Borough may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(c) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(d) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(2) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Borough may require compliance with the conditions that would have been applicable to the interest in such real property.
C. 
Jurisdiction. District Justices shall have jurisdiction in proceedings brought hereunder.
D. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated the provisions of the Subdivision and Land Development Ordinance or its predecessor, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating the chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.
(2) 
The Court of Common Pleas of Cumberland County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
Nothing contained herein shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
A. 
From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in the Subdivision and Land Development Ordinance, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
B. 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired. Provided, however, no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.
C. 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
D. 
Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by Borough Council, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.
E. 
In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the governing body in its discretion.
F. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the governing body in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
G. 
Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinance enacted by the Borough subsequent to the date of the initial preliminary plan submission.