Hereafter, subdivision and land development plans shall be reviewed by the Borough Planning Commission and the Joint Planning Commission of Lehigh-Northampton Counties and shall be approved or disapproved by the Borough Planning Commission in accordance with the procedures specified in this article and in other articles of this chapter, and in accordance with Article V of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
A. 
Feasibility review maps and materials shall be submitted for all proposed subdivisions and land developments, for purposes of discussion between the Borough Planning Commission and the developer and for the information of the Joint Planning Commission of Lehigh-Northampton Counties.
B. 
Four copies of all feasibility review maps and materials as set forth in § 215-17 shall be submitted to the designated Borough official.
C. 
The designated Borough official shall refer two copies of the feasibility review maps and materials to the Borough Planning Commission for its review and recommendations and two copies of feasibility maps and materials to the Joint Planning Commission of Lehigh-Northampton Counties.
D. 
One copy of all feasibility review maps and materials as set forth in § 215-17 shall be submitted by the developer to:
(1) 
The Pennsylvania Department of Environmental Protection.
(2) 
The Northampton County Conservation District.
[Amended 7-15-1993 by Ord. No. 1048]
A. 
When feasibility review maps and materials have been submitted to the Borough Planning Commission, the data presented will be reviewed by the Borough Planning Commission at its next regular meeting, providing that submission has occurred no less than 15 days prior to such scheduled meeting.
B. 
The Borough Planning Commission shall review the feasibility review data to determine the development potential of the site as indicated by the natural features analysis presented. The general development concepts of the developer will be reviewed to determine their compatibility with the development potential of the site. Also, the feasibility review stage is designed to offer the developer an opportunity to informally discuss his plans for the proposed subdivision or land development with the Borough Planning Commission.
C. 
No recommendations shall be made by the Borough Planning Commission until the Commission has received and considered the written reports of the Joint Planning Commission of Lehigh-Northampton Counties, and, where applicable, the Pennsylvania Department of Environmental Protection and the Northampton County Conservation District. However, if the Joint Planning Commission report is not received within 30 days after the application was forwarded to the Joint Planning Commission, the Borough Planning Commission may make recommendations to the developer without having received and considered the Joint Planning Commission report.
D. 
Within 60 days of submission of feasibility review maps and materials to the Borough Planning Commission, the Commission shall make any recommendations to the developer which it deems necessary or advisable in the public interest in order to provide an acceptable subdivision or land development plan for the site.
E. 
Within five days after such meeting, the Planning Commission secretary shall send written notice of the Commission's recommendations to the following:
(1) 
Borough Council.
(2) 
Joint Planning Commission of Lehigh-Northampton Counties.
(3) 
The developer or his agent.
F. 
Within 12 months after completion of this feasibility review by the Borough Planning Commission, the developer shall submit a preliminary plan.
A. 
Preliminary plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the designated Borough official and the Joint Planning Commission of Lehigh-Northampton Counties by the developer.
B. 
If the preliminary plan submission complies with § 215-18 of this chapter, the designated Borough official shall acknowledge such compliance, by immediate issuance, to the developer, of a preliminary subdivision plan receipt. Copies of this receipt shall also be sent to the Joint Planning Commission of Lehigh-Northampton Counties.
C. 
Upon receipt of a subdivision or land development plan by the Borough, the designated Borough official shall forward a copy to the Joint Planning Commission of Lehigh and Northampton Counties for review and report according to Section 502 of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10502.
D. 
Official submission of a preliminary plan to the Borough Planning Commission shall comprise:
(1) 
Submission of three copies of a completed preliminary subdivision or land development application.
(2) 
Submission of four black-on-white or blue-on-white prints on paper of the preliminary plan which shall fully comply with the provisions of this chapter as set forth in § 215-18.
(3) 
Submission of three copies of all required supplemental information as set forth in § 215-18.
(4) 
The designated Borough official shall refer one application, one plan print, and one copy of the supplemental information to the Borough Engineer and one application, two plan prints, and one copy of the supplemental information to the Borough Planning Commission for recommendations as to changes, alterations and modifications.
E. 
Official referral of a preliminary plan by the designated Borough official to the Joint Planning Commission of Lehigh-Northampton Counties shall comprise:
(1) 
Submission of a completed preliminary subdivision or land development application.
(2) 
Submission of two black-on-white or blue-on-white prints on paper of the preliminary plan, which shall fully comply with the provisions of this chapter.
(3) 
Submission of one copy of all required supplemental information as set forth in § 215-18.
F. 
Official submission of a preliminary plan to other agencies by the developer shall comprise the following:
(1) 
One print of the preliminary plan and one copy of all required supplemental information as set forth in § 215-18 shall be submitted by the developer to both the Pennsylvania Department of Environmental Protection, the Northampton County Conservation District, and each public utility or municipal authority involved in providing utility service to the proposed development.
(2) 
Additional prints of the preliminary plan shall be submitted by the developer to the respective agencies in each of the following circumstances:
(a) 
Whenever the property being subdivided or developed abuts a State Legislative Route, one print of the preliminary plan shall be submitted to the Pennsylvania Department of Transportation.
(b) 
Whenever a proposed subdivision or land development is located in more than one municipality or located adjacent to another municipality, one print of the preliminary plan shall be submitted for each additional or adjacent municipality, to the respective municipalities.
[Amended 7-15-1993 by Ord. No. 1048]
A. 
By the Joint Planning Commission of Lehigh-Northampton Counties.
(1) 
Within 25 days of the date of official submission, the staff of the Joint Planning Commission shall review the preliminary plan to determine its conformance with regional plans and priorities, and shall recommend such changes and modifications as it may deem necessary or advisable in the public interest.
(2) 
The Joint Planning Commission shall coordinate its review with the appropriate state and county agencies, such as the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Transportation, and the County Conservation District; and adjacent municipalities (when they are affected).
(3) 
Within five working days after the preliminary plan is reviewed by the Joint Planning Commission staff, written notice, including changes and modifications, if any, recommended by the Joint Planning Commission, shall be sent to:
(a) 
The designated Borough official for referral to the Borough Planning Commission.
(b) 
The Borough Engineer.
(c) 
The engineer, surveyor, or land planner of the developer.
(d) 
The developer or his agent.
(4) 
The review of the preliminary subdivision or land development plan by the Joint Planning Commission shall constitute the County planning agency review set forth in Section 502 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10502.
B. 
By the Borough Planning Commission.
(1) 
When a preliminary plan has been officially submitted, such plan shall be placed on the agenda of the Planning Commission for review at its next regular monthly meeting, provided that such official submission has occurred no less than 10 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the preliminary plan at this time.
(2) 
The Planning Commission shall review the preliminary plan to determine its conformance with the standards contained in this chapter and other applicable Borough ordinances and shall require or recommend such changes and modifications as it deems necessary.
(3) 
No decision shall be made by the Borough Planning Commission with respect to a preliminary plan until the Borough Planning Commission has received and considered the written report of the Joint Planning Commission; provided, however, that if the Joint Planning Commission shall fail to report thereon within 30 days after the plan was forwarded to the Joint Planning Commission, then the Borough Planning Commission must act within 90 days and notify the applicant within 15 days following its decision.
(4) 
During the review of the preliminary plan, the Planning Commission shall also consider the written report of the Borough Engineer while making its decision.
(5) 
Within five days after the meeting(s) at which the preliminary plan is reviewed by the Planning Commission, the action taken by the Planning Commission in approving or disapproving the preliminary plan, together with the findings and reasons upon which the action is based, shall be given, in writing, to the following:
(a) 
The Borough Council.
(b) 
The Joint Planning Commission of Lehigh-Northampton Counties.
(c) 
The Borough Engineer.
(d) 
The developer or his agent.
(6) 
The action of the Borough Planning Commission shall be noted, together with the date of action and signature of the chairman on three sets of plans. These plans then shall be distributed as follows:
(a) 
Two sets to the developer or his agent.
(b) 
One set to be filed in the office of the Borough.
A. 
Within 12 months after approval of the preliminary plan, a final subdivision or land development plan and all required supplemental data shall be submitted to the designated Borough official. An extension of time may be granted by the Borough Planning Commission upon written request. Otherwise, the plan submitted may be considered as a new preliminary plan.
B. 
The final plan shall conform in all significant respects to the preliminary plan as previously reviewed by the Borough Planning Commission and the Joint Planning Commission, but shall incorporate all modifications required by the Borough Planning Commission in its review of the preliminary plan. The Borough Planning Commission may, however, accept a final plan modified so as to reflect any substantial changes which have occurred on the site of the proposed subdivision, or in its surroundings, since the time of preliminary plan review.
C. 
Referral of a final subdivision or land development plan to the Joint Planning Commission of Lehigh-Northampton Counties by the designated Borough official shall be required only when the final plan departs substantially from the preliminary plan.
D. 
The final plan may be submitted in sections or stages, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed preliminary plan, in accordance with the regulations set forth in § 215-19F. In the case of the final subdivision or land development plan which is to be submitted in sections or stages over a period of years, the time between submission of applications for final approval of each stage or section shall be no greater than 12 months.
E. 
If the final plan submission complies with § 215-19 of this chapter, the designated Borough official shall acknowledge such compliance by immediate issuance, to the developer, of a final subdivision plan receipt. Copies of this receipt shall also be sent to the Borough Council and the Joint Planning Commission of the Lehigh-Northampton Counties.
F. 
Official submission of a final plan to the Borough Planning Commission shall comprise:
(1) 
Submission of three copies of a completed final subdivision and land development application.
(2) 
Submission of four black-on-white or blue-on-white prints on paper of the final plan, which shall fully comply with § 215-19, Subsections A through D, of this chapter.
(3) 
Submission of three copies of all required supplemental information as set forth in § 215-19E.
(4) 
Submission of two copies of all offers of dedication, and covenants governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the Borough Solicitor as to their legal sufficiency.
(5) 
The designated Borough official shall refer one copy of a complete final subdivision and land development application, one print of the final plan, and one copy of all required supplemental information to the Borough Engineer. He shall refer one copy of a complete final subdivision or land development application, two prints of the final plan, one copy of all supplemental information and offers of dedication and covenants governing undedicated open space to the Borough Planning Commission. The remaining print of the final plan and other required information shall be referred to the Borough Council for their information.
G. 
Official referral of a final plan by the designated Borough official to the Joint Planning Commission of Lehigh-Northampton Counties (where applicable) shall comprise:
(1) 
Submission of one copy of completed final subdivision or land development application.
(2) 
Submission of two black-on-white or blue-on-white prints on paper of the final plan which shall fully comply with the provisions of this chapter as set forth in § 215-19, Subsections A through D, of this chapter.
(3) 
Submission of one copy of all required supplemental information as set forth in § 215-19E.
H. 
Official submission of a final plan to other agencies (where applicable) by the developer shall comprise the following:
(1) 
One print of the final plan which complies with § 215-19E of this chapter shall be submitted by the developer to both the Pennsylvania Department of Environmental Protection and the Northampton County Conservation District.
(2) 
Additional prints of the final plan shall be submitted by the developer to the respective agencies in each of the following circumstances:
(a) 
Whenever the property being subdivided or developed abuts a State Legislative Route, one print of the final plan shall be submitted to the Pennsylvania Department of Transportation.
(b) 
Whenever a proposed subdivision or land development is located in more than one municipality or located adjacent to another municipality, one print of the final plan shall be submitted, for each additional or adjacent municipality, to the respective municipalities.
[Amended 7-15-1993 by Ord. No. 1048]
A. 
By the Joint Planning Commission of Lehigh-Northampton Counties (where applicable).
(1) 
Within 25 days after date of official submission, the staff of the Joint Planning Commission shall review the final plan to determine its conformance with regional plans and priorities, and shall recommend such changes and modifications as it may deem necessary or advisable in the public interest.
(2) 
The Joint Planning Commission shall coordinate its review with appropriate state and county agencies, such as the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Transportation, and the Northampton County Conservation District; and adjacent municipalities (when they are affected).
(3) 
Within five working days after staff review, copies of the plan review will be forwarded to the following individuals:
(a) 
The designated Borough official for referral to the Borough Planning Commission.
(b) 
The Borough Engineer.
(c) 
The engineer or the surveyor of the developer.
(d) 
The developer or his agent.
B. 
By the Borough Planning Commission:
(1) 
When a final plan has been officially submitted, such plan shall be placed on the agenda of the Borough Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 10 days prior to such regular meeting. The Planning Commission may hold a public hearing at this time if the final plan departs substantially from the preliminary plan.
(2) 
The Planning Commission shall review the final plan to determine its conformance with the standards contained in this chapter, with other applicable Borough ordinances, and with such changes and modifications which the Planning Commission required in connection with approval of the preliminary plan. During the review of the final plan, the Planning Commission shall also consider the written report of the Borough Engineer and the Joint Planning Commission (where applicable).
(3) 
When a final plan has been reviewed by the Joint Planning Commission, no decision shall be made by the Borough Planning Commission until such time as the Commission has received and considered the written report of the Joint Planning Commission; provided, however, that if the Joint Planning Commission shall fail to report thereon within 30 days after the plan was forwarded to the Joint Planning Commission, then the Borough Planning Commission may act without having received and considered such report.
(4) 
Where an earthmoving permit is required (see § 215-29), final approval shall not be granted until such permit is granted by the Pennsylvania Department of Environmental Protection.
(5) 
Where a revision to the official sewerage plan of the Borough is necessary in order to accommodate the proposed development (see § 215-24), the final plan shall not be approved until a plan revision has been approved by the Pennsylvania Department of Environmental Protection and officially adopted by the Borough.
(6) 
Within 85 days after official submission of a final plan the Planning Commission shall take action by recommending approval or disapproval of the final plan.
(7) 
Within five days after the meeting at which the final plan is acted on by the Borough Planning Commission, the action taken by the Commission in approving or disapproving the final plan, together with the findings and reasons upon which such action is based, shall be given in writing, to the following:
(a) 
The Borough Council.
(b) 
The Joint Planning Commission.
(c) 
The Borough Engineer.
(d) 
The developer or his agent.
(8) 
The action of the Planning Commission shall be noted together with the date of action and signatures of its chairman and secretary on the final plan. Copies of the final plan, with the appropriate endorsement of the Borough Planning Commission, shall be distributed as follows:
(a) 
Two copies to the developer.
(b) 
One copy to be filed in the office of the Borough.
(9) 
The Planning Commission shall endorse an approved final plan as follows:
"Approved      (date)     , by the Northampton Planning Commission.
____________________, Chairman
____________________, Secretary"
C. 
By the Borough Council.
(1) 
The action of the Borough Council shall be noted together with the date of action and signatures of its President and Borough Secretary on the final plan. Copies of the final plan, with the appropriate endorsement of the Borough Council, shall be distributed as follows:
(a) 
Two copies to the developer;
(b) 
One copy to be filed in the office of the Borough.
(2) 
The Borough Council shall endorse an approved final plan as follows:
"Approved      (date)     , by the Borough Council.
____________________, Council President
____________________, Secretary"
A. 
In the case of any proposed residential subdivision which does not, and will not in the future, involve more than a total of five lots and does not involve the provision of any new street or easement of access (i.e., one where all proposed lots will have frontage on an existing public street), the following procedure may be followed:
(1) 
The developer shall prepare and submit feasibility review maps and materials according to the procedures set forth in § 215-11 and standards set forth in § 215-17.
(2) 
When no major incompatibility is found between the development potential of the site and the developer's general concept plan for the site, the Planning Commission may authorize the preparation of a plan application which meets the requirements for final plans as set forth in § 215-19 as well as those requirements for supplementary data in § 215-18F and G which are applicable to the specific subdivision or land development.
(3) 
The plan shall be submitted and reviewed according to the procedures set forth in § 215-15 of this chapter.
(4) 
The plan may be granted final approval by the Borough Planning Commission and shall be recorded according to the requirements set forth in this section.
B. 
In the case of boundary line adjustments between adjoining property owners where no new lots are involved and in the case of tracts to be used exclusively for agricultural purposes, the following procedures may be followed:
(1) 
Upon a written request to the Planning Commission, the Commission may exempt the above mentioned cases from the normal submission and plan preparation requirements as set forth in Articles III and IV hereof.
(2) 
The written request for exemption shall be accompanied by a plan of the proposed adjustment or subdivision which will enable the Planning Commission to determine that it will not result in a lot which does not conform with the minimum requirements of Chapter 250, Zoning, and does not prevent the logical development of the remaining tract. The plan will meet the following requirements:
(a) 
The plan will be a clear and legible reproduction of the Tax Map illustrating the area which includes the adjustment or subdivision.
(b) 
The plan will illustrate the existing and proposed lot lines, the existing streets in the area, and the existing structures on the properties involved.