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.
[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.
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.
(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:
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:
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.
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.
(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:
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:
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:
(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:
(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:
(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:
(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:
(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:
