[Amended 6-5-1995 by Ord. No. 1031]
A.
Required plans.
(1)
Preliminary and final plans and required fees and
supporting data for all proposed subdivisions and land developments
of land lying within the Borough limits shall be submitted by the
subdivider to the Borough for review by the Commission and Council.
[Amended 12-19-2011 by Ord. No. 1274]
(2)
In addition, the subdivider may prepare a sketch plan
for informal discussion with the Commission prior to submitting the
official preliminary plan for review. This plan shall be for the purpose
of establishing in advance, if possible, the extent to which the proposed
subdivision or land development conforms with the design standards
of this chapter.
B.
County and other agency reviews. Copies of all plans
submitted to the Borough shall be forwarded to the County Planning
Commission and to other appropriate agencies upon their receipt, for
review and advice by these agencies within a period of 30 days. Approval
of any subdivision or land development application cannot be issued
until comments from the County Planning Commission are received or
until the expiration of 30 days from the date the application was
forwarded to the County Planning Commission.
[Amended 12-19-2011 by Ord. No. 1274]
C.
Consideration of plans. Subdivision and land development
plans and supporting data submitted to the Planning Commission will
be considered at the Commission's next regularly scheduled meeting,
provided that they are received at least 10 calendar days in advance
of said meeting. The Commission shall review the plan at said meeting,
and any revisions thereto at any additional meetings, and thereafter
issue a recommendation, in writing, to the Council. A copy of the
recommendation shall be provided to the developer or its agent.
[Amended 12-19-2011 by Ord. No. 1274]
D.
Notification to developer. Upon receipt of the Planning
Commission recommendation, the plan shall be placed on the next available
agenda of the Council, at which time Council shall take action on
the plan. Such action may include approval, denial, conditional approval
or referral back to the Planning Commission for further recommendation.
The decision of the Council shall be delivered to the developer in
accordance with the requirements of the Pennsylvania Municipalities
Planning Code, as amended.[1]
[Amended 12-19-2011 by Ord. No. 1274]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
E.
Public hearing. Before acting on any preliminary or
final plan, the Commission may hold a public hearing thereon after
public notice.
F.
Sketch plan submission. Where a developer files a sketch plan for the purpose of informal discussion and review, no rights shall attach and no deadlines for review shall apply. The developer may elect to limit the scope of review of the sketch plan. A sketch plan is subject to review only by the Planning Commission and Borough consultants and is not governed by the procedure set forth in § 235-5D.
[Amended 12-19-2011 by Ord. No. 1274]
G.
Preliminary plan. The initial preliminary plan filed
with the Borough shall constitute the official preliminary plan, and
it shall be reviewed in accordance with all applicable ordinances
and resolutions of the Borough relating to the development and use
of land and the construction of improvements and common amenities.
[Amended 12-19-2011 by Ord. No. 1274]
H.
Final plan. After approval of the preliminary plan, or in conjunction therewith, the developer may submit to the Borough a final plan for the subdivision or land development. Review and approval of the final plan shall be in accordance with the requirements of § 235-5C and D.
[Amended 12-19-2011 by Ord. No. 1274]
J.
Recording of final plan. No later than 90 days after
final plan approval and full compliance with all conditions of preliminary
and final plan approval, the developer shall record the final plan
in the appropriate office of Lehigh County. The developer’s
failure to so file may result in the imposition of any penalties or
preventative penalties specified in the MPC[2] and/or revocation of plan approval by the Borough Council.
[Added 12-19-2011 by Ord. No. 1274]
[2]
Editor’s Note: See 53 P.S. § 10101 et seq.
[Amended 5-7-1984 by Ord. No. 869; 6-5-1995
by Ord. No. 1031; 12-19-2011 by Ord. No. 1274]
A.
In accordance with Sections 503(1) and 510(g) of the MPC,[1] as amended, relating to the authority of the municipality to incur and collect from the developer reasonable and necessary professional consultant and expert review fees in the course of plan review and construction and any improvements agreement pursuant to § 235-16N of this chapter, the developer shall reimburse the Borough for all professional consultant or expert review fees relating to the review and approval of the plan or the construction, observation, inspection, review and approval of the public improvements and common amenities contemplated by the plan and paid by the Borough.
[1]
Editor's Note: See 53 P.S. § 10503(1) and 53 P.S. §
10510(g), respectively.
B.
Review fees.
(1)
The phrase "review fees" as used in this section, shall mean all
professional consultant or expert fees, including attorney fees, paid
or incurred by the Borough in the course of preliminary or final plan
review and comment (including all review and comment leading to final
plan recording and the preparation of any agreements required by the
Borough) or paid or incurred by the Borough and arising out of or
relating to the construction, observation, inspection, review and/or
approval of the public improvements or the common amenities contemplated
by the developer's preliminary or final plan.
(2)
The rate(s) at which review fees are charged shall be approved by
resolution enacted or motion made and approved at a duly advertised
public meeting of the Borough Council. For the purpose of this subsection,
any such motion shall be reduced to writing, given a resolution number
and thereafter considered a resolution.[2]
C.
The term "consultant" shall mean all professional consultants, other
experts, attorneys and independent contractors retained by the Borough
to provide professional or expert advice or services to the Borough
in connection with the review and comment on the developer's
preliminary or final plan or the construction, observation, inspection,
review and/or approval of the public improvements and common amenities
contemplated by the developer's preliminary or final plan.
D.
No construction of public improvements or common amenities contemplated
by a preliminary plan shall commence and no recording of a final plan
shall occur until all consultant review fees paid or incurred by the
Borough are paid by the developer in accordance with this chapter,
applicable resolutions and/or the improvements agreement, as applicable.
E.
Following plan approval and as a condition of recording a final plan, in order to fund and secure the developer's obligations hereunder, the developer shall enter into an appropriate agreement with the Borough pursuant to § 235-16N of this chapter.
F.
The provisions of this section shall apply to all sketch plans submitted
in accordance with this chapter.
G.
If, in accordance with the requirements of the Municipalities Planning
Code, as amended,[3] a developer disputes the reasonableness and necessity
of a consultant review fee, any appeal taken and perfected pursuant
thereto shall not stay the developer's obligation to pay or reimburse
the Borough hereunder, and the developer shall pay to the Borough
the full amount of the consultant review fees then due and owing without
deducting the sum in dispute.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Where established by resolution or an improvements agreement, the
developer shall at all times properly fund an escrow account. Any
failure of the Borough to notify the developer of a deficiency in
an escrow account and/or any failure to demand escrow account replenishment
shall not constitute a defense to, or waiver of, any claim by the
Borough to be reimbursed for consultant review fees paid or incurred
by the Borough in connection with the review and approval of the developer's
plan or the construction, observation, inspection, review and approval
of the public improvements and common amenities contemplated by the
developer's preliminary or final plan. At all times, the Borough
shall, at its sole discretion, have the right to bill a developer
directly for review fees paid or incurred.
I.
A failure by the developer to timely replenish an escrow account
or to pay the Borough's bill for consultant review fees may,
in the sole discretion of the Borough, result in the imposition of
any or all of the preventive remedies found at Section 515.1 of the
Municipalities Planning Code, as amended,[4] and/or the issuance of a stop-work order. In addition
to these remedies, the Borough shall retain the right to initiate
and prosecute actions at law or in equity to obtain payment and/or
reimbursement of consultant review fees. In the event that the Borough
shall initiate suit to recover consultant review fees, the Borough
shall be entitled to claim and recover all costs, witness fees, expert
witness fees and reasonable attorney fees relating to the prosecution
of the claim.
[4]
Editor's Note: See 53 P.S. § 10515.1.
J.
Where a developer has established more than one escrow account relating
to one or more projects involving the development or proposed development
of the same property or any part thereof, the Borough may, at its
sole discretion and with notice to the developer, combine escrow accounts
by transferring existing balances into one account. Where a developer
has established more than one escrow account relating to one or more
projects involving the development or proposed development of the
same property or any part thereof, and where there exists a deficiency
in an escrow account, or where sums are due and owing for reimbursement
of review fees paid or incurred, the Borough may, at its sole discretion,
transfer and combine any such balances in one account and/or withdraw
sums from any existing accounts to reduce a deficiency or to pay for
review fees incurred, provided that written notice is provided thereof
to the developer.
K.
The mailing address provided by the developer on the land development
application shall be the address to which all escrow communications
and billings are mailed. If at any time in the land development process
the developer's address shall change, then the developer shall
notify the Borough, in writing of the same.
Sketch plans are not required by this chapter
but it is recommended that the subdivider submit such a plan in order
to establish, at an early stage in the planning of the subdivision
or land development, the basic conditions required for the approval
of a preliminary and a final plan.
A.
Preliminary plan.
(1)
Preliminary plans and supporting data shall comply with the provisions of Article IV of this chapter.
(2)
An original and 12 copies of the preliminary plan
shall be submitted by the subdivider to the Borough Manager, who shall
act as the official representative of the Commission. Additional copies
may be requested if required for submittal or reference to other appropriate
agencies.
[Amended 12-19-2011 by Ord. No. 1274]
(3)
The Borough Manager shall transmit copies of all plans
and supporting data as follows:
[Amended 12-19-2011 by Ord. No. 1274]
(a)
One copy to each Planning Commission member;
(b)
One copy each to the Borough Solicitor, Borough Engineer and
Mayor;
(c)
One copy each to the Borough Planning and Zoning and Public
Works Committees; and
(d)
One copy to such other agencies, departments, entities or officials
as the Borough Manager shall deem appropriate.
(4)
The preliminary plan shall be reviewed in accordance with the requirements of § 235-5.
[Amended 12-19-2011 by Ord. No. 1274]
(5)
The official action of Council with respect to the developer's plan shall be taken at a public meeting of Council, and written notice of that action shall be delivered to the developer in accordance with § 235-5D.
[Amended 12-19-2011 by Ord. No. 1274[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
A(6), which immediately followed, regarding approval of the preliminary
plan.
B.
Final plan.
(1)
A final plan may be submitted after, or in conjunction with, the
filing of a preliminary plan, and in the case of the latter, the two
may be reviewed and official action taken thereon simultaneously.
[Amended 12-19-2011 by Ord. No. 1274]
(2)
The final plan shall be reviewed in accordance with the requirements of § 235-5. Where a final plan differs materially from the approved preliminary plan, it shall be considered a revised preliminary plan.
[Amended 12-19-2011 by Ord. No. 1274]
(3)
The Council may permit submission of the final plan
in sections or stages, each covering a portion of the entire proposed
subdivision as shown on the preliminary plan. The Council may require
that any section or stage not completed within three years from the
date of preliminary plan approval may require a new preliminary plan
submission to reflect changing conditions or legal requirements which
may affect the subdivision or land development.
[Amended 12-19-2011 by Ord. No. 1274]
(5)
An original and 12 copies of the final plan shall be distributed as provided for in § 235-8A(3).
[Amended 12-19-2011 by Ord. No. 1274]
(6)
The final plan shall be reviewed in accordance with the requirements of § 235-5.
[Amended 12-19-2011 by Ord. No. 1274]
(7)
The official action of Council with respect to the developer's final plan shall be taken at a public meeting of Council, and written notice of that action shall be delivered to the developer in accordance with § 235-5D.
[Amended 12-19-2011 by Ord. No. 1274]
(8)
Prior to recording the final plan, the same shall be endorsed by
the Planning Commission Chairman and Secretary and the President of
Borough Council, whose signature shall be attested by the Borough
Secretary. The developer shall pay all costs of recording the final
plan and shall deliver a fully executed copy to the Borough Manager.
[Amended 12-19-2011 by Ord. No. 1274]
(9)
When both the Planning Commission and the Council
have approved the final plan, the Borough and the Planning Commission
shall endorse two copies of the final plan to that effect. one copy
of the endorsed final plan shall be kept in the Commission files and
the other returned to the subdivider. Additional copies may be endorsed
to meet the needs of the subdivider and other agencies.
[Amended 6-5-1995 by Ord. No. 1031]
A.
Upon the approval of a final plat, the developer shall
within 90 days of such final approval record such plat in the office
of the Recorder of Deeds of the county in which the Borough is located.
The Recorder of Deeds shall not accept any plat for recording unless
such plat officially notes the approval of the Borough Council, and
review by the county planning agency.
B.
The recording of the plat shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plat.
[Added 6-5-1995 by Ord. No. 1031]
After a plat has been approved and recorded
as provided in this chapter, all streets and public grounds on such
plat shall be, and become a part of the Official Map of the Borough
without public hearing.
[Amended 6-5-1995 by Ord. No. 1031; 12-19-2011 by Ord. No.
1274]
Where the proposed subdivision involves the creation of no more
than three residential lots, the developer may file a preliminary/final
plan for review and action. Except as modified by the combination
of the preliminary and final plans into one combined plan, all other
procedures for review of preliminary and final plans shall apply to
the preliminary/final plan.
[Added 6-5-1995 by Ord. No. 1031]
The following are exempt or partially exempt
from the provisions of this chapter:
A.
The conversion of an existing single-family detached
dwelling or single-family semidetached dwelling into not more than
three residential units, unless such units are intended to be a condominium;
B.
The addition of a building or structure on a lot which
is accessory to an existing dwelling, as that term is defined in the
Zoning Ordinance,[1] provided that the dwelling contains no more than three
dwelling units, as that phrase is defined in the Zoning Ordinance.
[Amended 12-19-2011 by Ord. No. 1274]
C.
The addition or conversion of buildings or rides within
the confines of an enterprise which would be considered an amusement
park. For the purposes of this subsection, an "amusement park" is
defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
D.
The addition of a temporary building or structure
on a lot which is accessory to an existing principal use. For the
purpose of this subsection only, a building or structure shall be
considered temporary, provided that it is intended to remain on the
lot for a period not to exceed 90 days from the date that construction
of the accessory commences or the date that it is placed on the lot.
[Added 12-19-2011 by Ord. No. 1274]
