The following procedures shall be observed by
all subdividers.
A.
It is the intent of the Borough Council to expedite
the receipt and processing of plans so as to reduce delays which may
result in increased costs or inconvenience to the subdivider or to
the Borough.
B.
The procedure set forth below establishes maximum
time limits permissible under state law but the Borough Council, wherever
possible, express its intent to have all reviews completed in a more
timely manner.
C.
Sketch plans. Sketch plans are not required by this
chapter, but it is recommended that the subdivider submit such a plan
to the Subdivision Officer 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.
D.
Required plans. Preliminary and final plans and other
required supporting data for all proposed subdivisions and land developments
in Wilson Borough shall be submitted by the subdivider to the Borough
for review and action by the Borough.
(1)
Preliminary plan. Except for any sketch plan which is submitted, the initial plan filed with the Borough for review shall be considered the official preliminary plan. Said preliminary plan shall be reviewed to determine compliance with these regulations, and said plan shall be approved, approved with conditions or rejected or disapproved and the subdivider notified accordingly. However, the Borough Council may proceed to final action at the first consideration of a plan for a minor subdivision, as defined herein, in accordance with the procedure set forth in § 153-20.
(2)
Final plan.
(a)
After approval of the preliminary plan, the
final plan for the entire subdivision or land development or a final
plan for a section or stage of development which has been prepared
in accordance with the approved preliminary plan shall be submitted
by the subdivider to the Borough. Said final plan shall be reviewed
to determine compliance with these regulations, and said plan shall
be approved, approved with conditions, rejected or disapproved and
the subdivider notified accordingly.
(b)
Prior to submitting the official preliminary
plan for review, the subdivider is encouraged to prepare a sketch
plan for informal discussion with the Wilson Borough Planning Commission
and/or with other appropriate Borough personnel.
E.
County and other agency reviews. Copies of all plans
submitted to the Borough shall be forwarded by the Borough to the
Joint Planning Commission and to other appropriate agencies upon their
receipt for review and advice by these agencies within a period of
30 days.
F.
Consideration of plans. Subdivision and land development
plans and supporting data submitted to the Subdivision Officer will
be referred to the Planning Commission and to the Borough Council.
Initial consideration shall occur at the next regularly scheduled
meeting of the Borough Planning Commission, provided that the plans
are received at least 10 calendar days in advance of said meeting.
Findings and recommendations of the Planning Commission shall be referred
to the Borough Council for consideration and appropriate action.
G.
Action and notification.
(2)
After the plan is filed and all required copies of
plans, engineering drawings, fees and other required exhibits have
been received by the Borough, the Borough Council shall reach a decision
on the plan no later than 90 days following the date of the next regular
meeting of the Planning Commission which follows the date that application
is filed, provided that should said next regular meeting of the Planning
Commission 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.
(3)
The Borough Council shall notify the subdivider, in
writing, no later than 15 days after the date when a decision is reached.
When a plan is not approved, or approved with conditions, the decision
of the Borough Council shall specify the defects found in the plan
and shall cite the provisions of this chapter which have not been
met.
(4)
Failure of the Borough to render a decision and communicate
it to the subdivider 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 and communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation and communication shall have like
effect.
(5)
If the preliminary or final plan is approved, subject
to conditions, then the subdivider shall either accept or reject such
conditions, in writing, within a period of 15 days of receipt of such
conditions. Any conditional approval shall be rescinded automatically
if the subdivider fails to accept or reject such conditions within
the fifteen-day time period established above.
H.
Public hearing. Before acting on any preliminary or
final plan, the Borough Council may hold a public hearing thereon
after public notice.
I.
Recording of final plan. After the effective date
of final plan approval by the Borough Council, the subdivider/applicant
shall record such plan in the form of a record plan within a period
of 90 days in the office of the Recorder of Deeds of Northampton County.
Fees for review and processing of subdivision
and land development plans to determine compliance with this chapter
shall be charged to the subdivider/applicant in accordance with Appendix
B attached hereto.[1] Said Appendix B may be amended from time to time by the
Borough Council by ordinance or resolution.
[1]
Editor's Note: Said Appendix B, Subdivision
and Land Development Review Fees, is on file in the office of the
Borough Secretary.
A.
Sketch plans and supporting data shall comply with the provisions of Article VII of this chapter.
B.
For the purpose set forth in § 153-13C, six copies of the sketch plan may be submitted by the subdivider to the Subdivision Officer, together with the required application form. No fee shall be required.
D.
At its next regularly scheduled meeting, the sketch
plan shall be reviewed by the Planning Commission. It is recommended
that the subdivider be present at the meeting to answer questions.
The Commission shall identify areas of concern or possible modification
which may be required in the plan to comply with this chapter.
E.
Since the sketch plan is not officially required,
no official action need be taken by the Planning Commission or Borough
Council. However, the areas of concern or possible modification shall
be summarized in letter form and submitted to the subdivider and the
Borough Council within 15 days of the date of the meeting.
A.
Preliminary plans and supporting data shall comply with the provisions of Article VII of this chapter.
B.
Eight copies of the preliminary plan shall be submitted
by the subdivider to the Subdivision Officer, together with the required
application form and fee. Additional copies may be requested if required
for submission or reference to other appropriate agencies.
C.
The Subdivision Officer shall inform and transmit
copies of the preliminary plan, application form and supporting data
to the following:
(1)
Wilson Borough Council: two copies.
(2)
Wilson Borough Planning Commission: two copies.
(3)
Joint Planning Commission: two copies.
(4)
Other appropriate agencies: one copy, as determined
by the Planning Commission, to the County Conservation District, the
Pennsylvania Department of Transportation, the Pennsylvania Department
of Environmental Resources and/or other agencies or utility companies
affected by or having an interest in the plan. Such agencies shall
be requested to submit their comments and advice to the Borough Council
within 30 days of submittal of the plan to the agency.
D.
The preliminary plan shall be reviewed by the Planning
Commission, and the Commission shall submit a letter or report to
the Borough Council setting forth its findings and recommendations
for approval, approval with conditions or disapproval and setting
forth the reasons for such recommendations. Said action by the Planning
Commission shall only be advisory, and final action shall be the responsibility
of the Borough Council.
E.
Upon receipt of the findings and recommendations from
the Planning Commission and from other appropriate agencies or from
any engineer or professional persons retained by the Borough, the
Borough Council, at its next regular meeting, shall review the preliminary
plan and all other applicable comments received. The Council may also
hold a public hearing on the plan subject to public notice, as defined
herein. Upon conclusion of its deliberations, the Borough Council
shall take action to approve, approve with conditions or disapprove
the subdivision plan or land development with reasons for disapproval
specifically stated. When such a preliminary plan is approved subject
to conditions or other actions to be taken by the subdivider, the
Borough Council shall specify a time limit for compliance by the subdivider.
F.
The official action and decision of the Borough Council
shall be in writing and shall be forwarded to the subdivider at his
last known address, not later than 15 days following such action,
with a copy to both the Borough and the Joint Planning Commissions.
In the case of a rejection or disapproval of the plan, the Borough
Council shall specify the defects of the plan and the requirements
of this chapter which have not been complied with.
G.
Approval of the preliminary plan, subject to conditions,
revisions and modifications as stipulated by the Borough Council as
required herein, shall constitute conditional approval of the subdivision
as to the character and intensity of the development and the general
layout and appropriate dimensions of streets, lots and other proposed
features, and such approval shall entitle the subdivider to submit
plans for final review as set forth below.
A.
A final plan with supporting data shall be submitted
within one year after approval of the preliminary plan, provided that
an extension of time may be granted by the Borough Council upon written
request for a valid reason presented by the subdivider. Otherwise,
the plan submitted may be considered as a new preliminary plan.
B.
The final plan shall conform in all important respects
to the preliminary plan as previously reviewed by the Borough Council
and shall incorporate all modifications and revisions specified in
any prior conditional approval of the preliminary plan. A final plan
may be accepted for review which has been modified to reflect changing
conditions since the time of preliminary plan review. Other modifications,
not previously submitted to and considered by the Borough, may be
sufficient cause for considering the plan to be a revised preliminary
plan.
C.
The Borough 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, except that the first stage shall be submitted within one year after approval of the preliminary plan as required in Subsection A.
D.
The Borough may require that any final plan or any section or stage of a final plan which is not completed within five years from the date of preliminary plan approval, as required by § 153-7, may require a new preliminary plan submission to reflect changing conditions or legal requirements which may affect the subdivision or land development unless an extension of this five-year limit is granted by the Borough Council upon written request.
F.
Copies.
G.
The final plan shall be received by the Planning Commission
and the Commission shall submit a letter or report to the Borough
Council setting forth its findings and recommendations for approval,
approval with conditions or disapproval and setting forth the reasons
for such recommendations. Said action by the Planning Commission shall
only be advisory, and final action shall be the responsibility of
the Borough Council.
H.
Upon receipt of the findings and recommendations from the Planning Commission and from other appropriate agencies or interested parties or any engineer or professional persons retained by the Borough, the Borough Council, at its next meeting, shall review the recommendations and comments received. The Council may also hold a public hearing on the plan subject to public notice, as defined herein. Upon conclusion of its deliberations, the Borough Council shall take final action to approve, approve with conditions or disapprove the final plan or land development with reasons for disapproval specifically stated. Approval by the Borough Council shall, in all cases where applicable, be subject to agreement by the subdivider/applicant to execute the proposed development agreement required in Article VIII. When a final plan is approved subject to conditions or other actions to be taken by the subdivider, the Borough Council shall specify a time limit for compliance by the subdivider.
I.
The official action and decision of the Borough Council
shall be in writing and shall be forwarded to the subdivider personally
or to his last known address not later than 15 days following such
action. A copy of said notification shall be sent to both the Borough
Planning Commission and Joint Planning Commission. In the case of
a rejection or disapproval of the plan, the Borough Council shall
specify the defects of the plan and the requirements of this chapter
which have not been complied with.
J.
When the Borough Council has approved the final plan and when all other approvals, conditions and agreements required herein, including the provisions of §§ 153-52 through 153-54 as required herein, have been satisfied, the President of Borough Council and/or the Borough Manager and the Borough Secretary shall endorse four copies of the final plan to that effect. One copy of the endorsed final plan shall be kept in the Borough files, one copy shall be transmitted to the Joint Planning Commission and the other two returned to the subdivider. Additional copies may be endorsed to meet the needs of the subdivider and other agencies.
If the preliminary or final plan is approved,
subject to conditions, then the subdivider shall either accept or
reject such conditions, in writing, within a period of 15 days of
the receipt of such conditions. Any conditional approval shall be
rescinded automatically if the subdivider fails to accept or reject
such conditions within the fifteen-day time period established above.
A.
The subdivider shall record the final record plan
in the office of the Recorder of Deeds of Northampton County within
90 days after the effective date of approval by the Borough Council.
The copy of the final plan filed for recording shall be known as the
"record plan." It shall be a clear and legible document in a form
as required by the County Recorder of Deeds, bearing all required
endorsements. Failure to record the final plan as required herein
shall render all approvals null and void.
B.
The Recorder of Deeds of Northampton County shall
not accept any such plan for recording unless it is the record plan,
as defined herein, which shall contain the official original endorsements
of approval of the Borough Council, including evidence that the requirements
of Pennsylvania Acts 247 and 537, as amended, have been complied with
and of the review by the Borough Planning Commission and Joint Planning
Commission.
C.
The Borough Council may extend said ninety-day limit,
if requested in writing and if compliance with any condition for approval
as set forth by the Borough Council shall require a greater time limit
for recording.
A simplified procedure for the submission and
approval of subdivision and land development plans may be utilized
when the following conditions exist:
A.
Minor subdivisions.
(1)
The subdivider of a small subdivision, defined herein
as a "minor subdivision," which is less than 10 acres in size, which
contains no more than five lots and does not involve the provision
of any new streets, easements of access or other required improvements,
may elect to omit the preliminary plan application review set forth
above. The Borough Council may, for subdivisions exceeding 10 acres
in size where large lots are proposed, waive the ten-acre maximum
requirements set forth above, provided that such a subdivision shall
not be the first stage of a larger development or tract.
(2)
In such a case, the subdivider shall submit the final plan application which shall be processed by the Planning Commission in accordance with the requirements of §§ 153-15 through 153-18. Said final plan application, if it does not require any alteration or modification, may be reviewed and approved in accordance with the procedures set forth in § 153-17. However, in the event that a modification or condition for approval is required, then the plan shall be considered to be a preliminary plan and a new final plan application incorporating the required conditions or modifications shall be submitted.
B.
Agricultural parcels. The division of land, by lease,
for agricultural purposes into parcels of more than 10 acres and not
involving any new street or easement access is exempted from the provisions
of this chapter, except that this shall not apply to agricultural
subdivisions which are also used for other purposes such as for recreation,
seasonal or year-round residential, commercial, industrial or other
nonagricultural activities.
C.
Other exemptions. Certain land developments, as set
forth in the definition of land development included herein, have
been exempted from the provisions of this chapter.
