[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.
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]
[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.
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.
