A.
The submission and review process for subdivision and land development
applications shall be in accordance with the following:
(1)
Major subdivision shall require the submission and approval of a
preliminary plan and a final plan. The submission of a sketch plan
prior to the formal submission of preliminary plan shall be optional.
(2)
Minor subdivision shall require the submission and approval of only a final plan in accordance with the provisions as set forth in Article VI of this chapter.
(3)
Major land development shall require the submission of and approval
of a preliminary plan and a final plan. The submission of a sketch
plan prior to the formal submission of a preliminary plan shall be
optional.
B.
The owner of record and the applicant must attend the Borough Council
meeting for the purpose of presenting the plans and to respond to
questions.
A.
Prior to submitting a major subdivision application or a land development
application, the applicant is advised but not required to submit a
sketch plan to the Planning Commission and the Borough Council. The
submission and review of a sketch plan shall not constitute the filing
of an application for plan review and approval of a subdivision or
land development. The Planning Commission and the Borough Council
shall provide advice and comment on the necessary requirements to
achieve conformity to the standards and provisions of this chapter
and other related regulations.
B.
The applicant submit an application and 10 copies of a sketch plan
to the Administrator not less than 14 days prior to the next scheduled
meeting of the Borough Council, unless waived by the discretion of
the Borough Council.
C.
The sketch plan shall be drawn to a scale of not greater than one
inch equals 50 feet and shall address:
(1)
All land which the applicant proposes to subdivide and/or develop.
(2)
All land within 200 feet of the site's boundaries and the names of
the subject property owners based upon the records of the Carbon County
Assessor's office.
(3)
All existing and proposed streets; proposed lot sizes; natural features,
including topographic contours; sewage disposal; drainage; water supply
and related utilities.
D.
Upon reviewing a sketch plan, the Planning Commission and/or the
Borough Council shall advise the applicant of any initial changes
and/or additions, if any, which should be addressed relative to the
proposed design, layout, character of the site.
The applicant shall provide the following information to the
Administrator not less than 14 days prior to the next regularly scheduled
meeting of the Planning Commission:
A.
Twenty prefolded copies of the plan (preliminary or final);
B.
Twenty prefolded copies of construction plans (if applicable);
C.
A completed subdivision or land development application with signatures
and 19 copies of the same.
D.
A completed planning module, if applicable, as required by the Pennsylvania
Department of Environmental Protection and five copies of the same.
A.
The Administrator shall provide each member of the Planning Commission
and the Borough Council with a copy of the complete set of plans (preliminary
or final), a copy of the subdivision application and a copy of the
DEP planning module.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Administrator, or his/her designee, shall provide, as applicable,
a copy of the complete set of plans (preliminary or final), a copy
of the application and a copy of the DEP module to the following agencies
and officials for review, comment and approval as applicable:
(1)
The Carbon County Planning Commission (nine).
(2)
The Borough Zoning Officer (one).
(3)
The Borough Engineer and/or Planning Consultant (one).
(4)
The Solicitor to the Borough Council (one).
(5)
The Borough Planning Commission Solicitor (one).
(6)
The municipal sanitary authority (if applicable).
(7)
The Summit Hill Borough Council.
C.
The applicant shall be responsible to ensure that copies of the plan
and supporting materials are provided to all applicable utility companies
intended to service the site.
The Summit Hill Borough Council shall not approve any subdivision
or land development plan or application until a report containing
the comments and recommendation of the Carbon County Planning Commission
is received or until the expiration of 30 days from the date said
plans and application were forwarded to the Carbon County Planning
Commission. The applicant shall pay all review fees required by the
Carbon County Planning Commission.
The Borough Council, at its discretion, may hold a public hearing
prior to rendering a decision on any plan (preliminary or final).
Prior to approving the final plan of a major subdivision or
a major land development in which the approval was conditioned upon
specific improvements, the Borough Council shall require the following
of the applicant:
A.
The installation of all required improvements in accordance with
the design standards and specifications of this chapter and all applicable
terms and conditions in granting approval.
B.
Provision of a form of financial security, acceptable by the Borough
Council, which assures and guarantees the subsequent installation
of all required improvements in accordance with the design standards
and specifications of this chapter and all applicable terms and conditions
in granting approval.
A.
The Borough Council shall approve or reject a submitted plan (preliminary
or final) within 90 days following the date of the Planning Commissions
regular meeting at which said plan is first reviewed. Should the regular
meeting date occur more than 30 days following the date of submission
of said plan, the ninety-day period shall be measured from the 30th
day following the date on which the plan was properly submitted to
the Borough.
B.
The Borough Council shall communicate its decision to the applicant,
in writing, either by delivery in person or by mail to applicant's
last known address not later than 15 days following the decision.
C.
When an application and plan (preliminary or final) is not approved
as submitted, the Borough Council decision shall specify the defects
found in such, and describe the requirements which have not been met
and shall, in each case, cite the provisions of the statute or ordinance
relied upon.
D.
In granting approval to a plan (preliminary or final) which is subject
to specific conditions, the Borough Council shall include in its notification
that the applicant may notify the Borough Council of his refusal to
accept all said conditions, in writing. In such cases, the Borough
Council conditional approval shall be deemed rescinded upon receipt
of the applicant's written notification. In the event the applicant
fails to notify the Borough Council of his refusal to accept all said
conditions within the thirty-day time period, all conditions shall
stand granted and deemed accepted by the applicant.
E.
As prescribed by the Pennsylvania Municipalities Planning Code, Act
247, as amended,[1] failure of the Borough Council to render a decision and
communicate said decision to the applicant as set forth in this section
shall be deemed approval of the plan as submitted, unless the applicant
has agreed, in writing, to an extension of time or change in the prescribed
manner of communication of the decision.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Until a submission is approved or rejected by the Borough Council,
the applicant may withdraw the submission and submit a revised plan
following the submission and review procedures which apply to the
plan. If a revised plan is submitted within 120 days from the date
of withdrawing said plan, no additional submission fee shall be charged
by the Borough for the first or second revision. Failure to resubmit
a revised plan within said period of time, or a third revision and
any subsequent revision, shall be treated as a new revision for which
a new submission fee shall be required. No additional fee shall be
charged for plan revisions which are directed by the Borough Council.
Should an applicant wish to withdraw a plan under review and consideration
by the Borough Council, notice of withdrawal shall be in writing and
shall include a statement that the ninety-day time limitation for
the Borough Council to render a decision shall not include the period
of time which the plan is withdrawn.
B.
All revised plans shall be accompanied by an itemized listing of
revisions to the plans and the basis for such revisions. Such information
shall be prepared and certified by a professional engineer.
C.
Any revised plan may be resubmitted to the Carbon County Planning Commission or to any other party noted within § 430-19B of this chapter if the Borough Council renders a determination that the scope of the revisions are substantial in nature to warrant any additional review. If such a determination is rendered, the applicant shall be responsible for the applicable required fees.
A.
The applicant shall record the final plan as approved by the Borough
Council in the office of the Recorder of Deeds of Carbon County within
90 days of such final approval. Failure by the applicant to record
the final plan within the 90 days will result in the Borough Council's
approval becoming null and void. The final plan for recording shall
comprise of all plans submitted for final approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A final plan shall not be submitted for recording within the Recorder
Of Deeds office unless it bears the signature of the Borough Council'
Chairman and Secretary and bears the appropriate signature and/or
seal that it has been reviewed by the Carbon County Planning Commission.
C.
Within 14 days from the date on which the final plan is recorded,
the applicant shall furnish to the Administrator a copy of a certificate
or receipt attesting to the recording of the final plan in the Recorder
of Deeds office.
Prior to granting final approval of a major subdivision plan,
the Borough Council may permit the plan to be divided into two or
more sections or phases and may impose such conditions upon the filing
of the sections as it may deem necessary to assure the orderly development
of the plan. The Borough Council may require that the financial security
be in such amount as is commensurate with the section or sections
of the plan to be filed and may defer the remaining required financial
security principal amount until the remaining sections of the plan
are offered for filing. The developer may also file, in writing, irrevocable
offers to dedicated streets and public improvements in the sections
offered to be filed. Such sections, subject to any conditions imposed
by the Borough Council, shall be granted concurrently with final approval
of the plan.
