Borough of Emmaus, PA
Lehigh County
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[Ord. 551, 5/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
Classification of Subdivision. Whenever any subdivision of land or land development is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision or land development shall be granted, the Owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision or land development in accordance with the following procedures for subdivision and land development.
2. 
Pre-Application Consultation. Prior to filing an application for approval of a subdivision or land development within the Borough, the Owner or his authorized agent shall meet with the Assistant Borough Manager/Code Enforcement Officer for an official classification of his proposed subdivision or land development. The Assistant Borough Manager/Code Enforcement Officer shall determine whether the proposal shall be classified as a minor subdivision, a major subdivision or a land development. At this time, the Assistant Borough Manager/Code Enforcement Officer shall advise the Owner or his authorized agent as to which of the procedures contained herein must be followed.
3. 
Official Filing Date.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 3A, regarding the official filing date, was repealed by Ord. No. 1203, 10/5/2020.
B. 
Upon receipt of an application for subdivision or land development approval the Assistant Borough Manager/Code Enforcement Officer shall affix to the application both the date of submittal and the official filing date.
4. 
Lehigh/Northampton County Joint Planning Commission Review. All plans shall be submitted to and reviewed by the Lehigh County Planning Commission in accordance with its current prevailing rules and regulations. The County Planning Commission shall forward to the subdivider a copy of any report of the County Planning Commission.
[Amended by Ord. No. 1203, 10/5/2020]
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986; as amended by Ord. 905, 5/19/2000, § 302]
1. 
All filing, inspection and engineering fees shall be submitted to the Borough.
2. 
Plan Filing Fee. A filing fee shall accompany the preliminary plan. No application shall be accepted or acted upon unless payment is made to the Borough. The Borough Council shall create by resolution a schedule of fees to be paid by the subdivider or land developer to defray the cost of administering and processing of plans. The schedule of fees may be changed from time to time by resolution of the Borough Council.
3. 
Inspection and Engineering Fees.
A. 
The applicant shall pay the appropriate fees as fixed from time to time by separate resolution of the Borough Council for the following services:
(1) 
Reviewing the Plan's engineering details.
(2) 
Inspecting the layouts of the site for conformance to the survey and plan.
(3) 
Reviewing the results of the soils tests.
(4) 
Preparing cost estimates of required improvements.
(5) 
Inspecting required improvements during installation.
(6) 
Final inspection on completion of installation of the required improvements.
(7) 
All legal costs paid by the Borough to its Solicitor, or any legal counsel, or any other professional representing the Borough, for the cost of any legal work incurred by the Borough and occasioned by the development seeking approval, shall be paid by the applicant including, but not limited to, the drafting of any agreements, deeds or easements and the legal review of the project, plans, deeds, easements and descriptions.
B. 
An applicant shall, by filing a plan, be then obligated to pay the fees herein provided.
C. 
Upon the filing of a plan, the applicant shall be obligated to pay the Borough as an escrow for the aforementioned fees, an amount not less than $3,000 to cover the Borough's inspection, engineering and legal fees. Following the initial filing of the plan, said escrow amount may be required to be replenished from time to time in like amount should the initial escrow amount be exceeded.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986]
1. 
Minor subdivision plans shall be initiated and submitted for review in the form of a Final Plan as specified in § 22-403 and shall be otherwise reviewed in accordance with the procedures and standards of § 22-304.
2. 
Additional Subdivision. Any additional subdivision of a tract from which a minor subdivision has already been formed shall be deemed to be a major subdivision and shall follow the procedure applying thereto.
[Ord. 551, 6/7/1976; as revised by Ord. 675, 11/17/1986; amended by Ord. 784, 10/4/1993, §§ 1, 2; by Ord. 905, 6/19/2000, § 304; and by Ord. 940, 1/7/2002, § 2]
1. 
Sketch Plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 15 days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Borough Council, and no legal rights shall attach to such plan. Sketch plans should include those items listed in Part 4, Plan Requirements. Prospective developers shall include both paper copies as well as an electronic copy in a readable PDF format to the Borough.
[Amended by Ord. No. 1203, 10/5/2020]
2. 
Preliminary Plan.
A. 
Submission of Preliminary Plans. A preliminary plan shall be presented for review not less than 15 working days prior to the regular meeting of the Planning Commission at which it is to be considered. Prospective developers shall include both paper copies as well as an electronic copy in a readable PDF format to the Borough.
[Amended by Ord. No. 1203, 10/5/2020]
(1) 
The preliminary plan and all information and procedures relating thereto shall in all respects be in compliance with the applicable provisions of this Part. It is the responsibility of the subdivider or developer to coordinate his plans with the respective private and public service agencies.
(2) 
The application form shall be accompanied by the requisite fee as set forth in § 22-302 of this Part and by not less than three copies of all required material and not less than 22 prints of the preliminary plan of the subdivision or development as required by Borough resolution from time to time.
(3) 
The Assistant Borough Manager/Code Enforcement Officer shall forward one copy of the preliminary plan prints and one copy of the required material to the Lehigh/Northampton Joint County Planning Commission and such other agencies as he deems appropriate for review and comment.
(4) 
The Assistant Borough Manager/Code Enforcement Officer shall forward the remaining copies of the preliminary plan prints and required materials to the Planning Commission.
(5) 
When applicable, the application form shall be accompanied by a Planning Module for Land Development, as required by the Pennsylvania Department of Environmental Protection.
B. 
Review of Preliminary Plans.
(1) 
In cases where the subdivision or land development adjoins an existing or proposed state highway or has proposed streets entering on to state highways, the developer shall submit the plans to the Pennsylvania Department of Transportation for review.
(2) 
The Planning Commission will consider the plan to determine if it meets the standards set forth in this Part and the Borough Zoning Ordinance.
(3) 
The Planning Commission shall act on the Preliminary Plan within 60 days of the official filing date, but in any event shall act on the plan in time for the Borough Council to render their decision within 90 days from the official filing date. In the event that any variance from this chapter is requested by the applicant or is deemed necessary for approval, the variance and the reasons for its necessity shall be entered into the records of the Borough Council.
C. 
Planning Commission Recommendation.
(1) 
The Planning Commission shall recommend whether the Preliminary Plan shall be approved, approved with modifications, or disapproved, and shall notify the Borough Council in writing thereof, including, if disapproved, a statement of reasons for such action.
(2) 
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, Borough Staff, the Lehigh/Northampton County Joint Planning Commission, interested residents, and the recommendations of any agency or agencies from which a review was requested under subsection 304(2)(A)(3) of this chapter.
D. 
Borough Engineer Review. All plans shall be reviewed by the Borough Engineer. Approval shall not precede the transmission of such plans to the Borough Council until the Borough Engineer approves of said plans. Final plans to be recorded with the County shall be signed by a professional engineer of the Borough Engineer's office licensed in the Commonwealth before recordation.
E. 
Resubmission of Preliminary Plans. A revised plan submitted after disapproval shall be considered, and processed as a new plan submission.
F. 
Approval of Preliminary Plans.
(1) 
The Borough Council shall act on the preliminary plan within 90 days of the official filing date. Failure to do so shall be deemed an approval. Before acting on a preliminary plan, the Borough Council may hold a hearing thereon after public notice.
(2) 
The Borough Council shall notify the applicant of its decision to approve, approve with conditions, or disapprove the preliminary plan in writing. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the plan is approved with conditions or disapproved, the Borough Council shall specify in their notice the conditions which must be met and/or the defects found in the plan, and the requirements which have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.
(3) 
Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the subdivider or developer to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the subdivider to proceed with final detailed design of improvements, to arrange for guarantee to cover installation of the improvements, and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan.
3. 
Final Plan.
A. 
Submission of Final Plans. A final plan shall be presented for review not less than 15 working days prior to the regular meeting of the Planning Commission at which it is to be considered.
[Amended by Ord. No. 1203, 10/5/2020]
(1) 
After the subdivider or developer has received official notification from the Borough Council that the preliminary plan has been approved, he must submit a final plan in accordance with the provisions of Sec. 508 of the Municipalities Planning Code.
(2) 
The final plan shall conform in all respects with the approved preliminary plan. If it does not, the plan submitted shall be considered as a revised preliminary plan and shall be forwarded by the Borough Engineer to the Planning Commission for review and recommendation as a preliminary plan.
(3) 
The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Part 6.
(4) 
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in this section.
(5) 
Documented approval of the Planning Module for Land Development by the Pennsylvania Department of Environmental Protection shall be a part of the requisite materials accompanying the Final Plan submission.
(6) 
The subdivider or developer shall submit a reproducible original of the plans, up to 22 prints of the final subdivision or land development plans and at least three copies of all other required information. The Borough of Emmaus Code Official shall inform the subdivider or developer of the number of plans to be submitted, not to exceed 22 prints. Prospective developers or subdividers shall include both paper print copies as well as an electronic copy in a readable PDF format to the Borough.
(7) 
The developer shall submit the final plans to the Borough and shall forward the original final plans and five copies of the plans and one copy of all the other material to the Planning Commission for review and recommendation; one copy of the plan and one copy of all other material to the Soil Conservation Service for review and comments; one copy of the plan and one of all other material to the Lehigh/Northampton County Joint Planning Commission; one copy of the plan to the Borough Engineer; one copy of the plan to the Borough Solicitor; and copies to such other agencies whose recommendations would be pertinent to the processing of the plan.
B. 
Review of Final Plans.
(1) 
The Planning Commission will review the plan and requisite materials for compliance with the approved preliminary plan and for conformance to the requirements of this chapter.
(2) 
The Planning Commission shall act on the final plan within 60 days of the official filing date.
C. 
Planning Commission Recommendation.
(1) 
The Planning Commission shall recommend whether the final plan shall be approved, approved with modifications, or disapproved, and shall notify the Borough Council in writing thereof, including, if approved with modifications or disapproved, a statement of reasons for such action.
(2) 
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer and staff, the Lehigh/Northampton County Joint Planning Commission, the Soil Conservation Service, PennDOT, and the recommendations of any agency or agencies from which a review was requested under subsection 304(3)(A)(7).
D. 
Borough Engineer Review. All plans shall be reviewed by the Borough Engineer. Approval shall not precede the transmission of such plans to the Borough Council until the Borough Engineer approves of said plans. Final plans to be recorded with the County shall be signed by a professional engineer of the Borough Engineer's office licensed in the Commonwealth before recordation.
E. 
Resubmission of Final Plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.
F. 
Approval of Final Plans.
(1) 
The Borough Council will not take official action to approve a Final Plan unless it is accompanied by a guarantee for the installation of improvements which meet the requirements of Part 6.
(2) 
The Borough Council shall take action within 90 calendar days from the official filing date of the final plan. Failure to do so shall be deemed an approval.
(3) 
The Borough Council shall notify the applicant in writing of its decision to approve, approve with conditions, or disapprove, the final plan. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the final plan is disapproved, the Borough Council shall specify the defects found in the plan and the requirements which have not been met, including specific reference to the provisions of any statute or ordinance which have not been fulfilled.
(4) 
If the final plan is approved subject to conditions, the Borough Council shall not endorse the plan until all of the conditions have been met.
(5) 
If the Borough Council approve the final plan or grant a conditional approval, they shall set the amount of bonding or other security necessary to guarantee the construction of improvements and community facilities and shall state such amount in the notice to the applicant.
G. 
Recording of Final Plans.
(1) 
Upon approval of the final plan, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no less than four prints thereof which shall be submitted to the Borough not later than 30 days after approval. These plans, upon satisfaction of all conditions attached to the approval, will be signed by the Borough Council. A copy of the signed final plan shall be recorded in the office of the Lehigh County Recorder of Deeds within 90 days after approval of the final plan or the approval of the Borough Council shall be null and void. The final plan must be recorded before proceeding with the sale of lots or construction of buildings.
(2) 
Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval of the final plan shall not impose any duty upon the Borough Council or Borough concerning maintenance or improvements by ordinance or resolution.
(3) 
The subdivider shall place a notation on the final plan if there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the Owner, and the Borough shall assume no responsibility for improvement or maintenance thereof; which fact shall be noted on the final plan.