A. 
Sketch plan review maps and materials may be submitted for any proposed subdivisions and land developments for purposes of discussion between the Pen Argyl Borough Council, the Pen Argyl Borough Planning Commission and the developer.
B. 
Eight copies of all review maps and materials, as set forth in § 93-18, shall be submitted to the Zoning Officer.
C. 
The Zoning Officer shall distribute one copy of the review maps and materials to each member of the Planning Commission for its review and recommendations.
D. 
The Zoning Officer shall refer one copy of review maps and materials to the Borough Engineer for his or her review and recommendations.
E. 
The Zoning Officer shall refer one copy of the review maps and materials to the Borough Manager.
F. 
The Zoning Officer shall retain one copy of the review maps and materials.
A. 
When review maps and materials have been submitted to the Planning Commission, the data presented will be reviewed by that body at its next regular meeting, provided that submission has occurred no less than 21 days prior to such scheduled meeting.
B. 
The Planning Commission shall review the 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 and with relevant plans and ordinances. Also, the review stage is designed to offer the developer an opportunity to informally discuss his or her plans for the proposed subdivision or land development with the Planning Commission.
C. 
Within 60 days of submission of review maps and materials to the Planning Commission, the Planning Commission shall make any recommendations about the application to the Borough Council which it deems necessary or advisable in the public interest in order to provide an acceptable subdivision or land development plan for the site.
D. 
Within 15 days after such meeting, the Borough Council shall send written notice of its recommendations to the following:
(1) 
The applicant.
(2) 
The applicant's engineer or surveyor.
(3) 
The Pen Argyl Planning Commission.
E. 
The time period for review of the plan may be extended by mutual agreement of the applicant and the Planning Commission, and any such agreement shall be in writing.
A. 
Preliminary plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the Zoning Officer.
B. 
Official submission of a preliminary plan to the Zoning Officer by a developer shall be comprised of the following. (Submissions which do not include the material specified in the following subsections shall not be accepted as an official submission.) The Zoning Officer shall examine the material submitted for completeness. If the application is complete, the Zoning Officer shall proceed with the provisions of Subsection C. If the application is missing one or more completeness review required items, the Zoning Officer shall not accept the application for review and shall notify the applicant of the missing items.
(1) 
Five copies of a completed application for review of preliminary subdivision plans.
(2) 
Nine 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 § 93-19.
(3) 
Three copies of all required supplemental information as set forth in § 93-19E.
(4) 
Additional sets of application forms, plans and supplemental material shall be submitted if Subsection D(1) or (2) is applicable.
(5) 
The review fee and escrow shall be submitted as set forth in § 93-42.
C. 
The Zoning Officer shall refer preliminary plan submission materials to the various review bodies as follows:
(1) 
One plan print to each member of the Pen Argyl Planning Commission.
(2) 
One application, one plan print, and one copy of the supplemental information to the Borough Engineer.
(3) 
One application, one plan print, and one copy of the supplemental information to the Borough Manager.
(4) 
One application, one plan print and one copy of the supplemental information shall be retained by the Zoning Officer.
(5) 
One application, one plan print and the review fee to the Lehigh Valley Planning Commission. If the application requires the preparation of a stormwater management site plan pursuant to this chapter, the Zoning Officer shall send one additional plan print and the stormwater calculations to the Lehigh Valley Planning Commission. If a traffic study is prepared pursuant to this chapter, the Zoning Officer shall send it to the Lehigh Valley Planning Commission.
D. 
The Zoning Officer shall refer additional copies of the preliminary plan materials to the respective agencies in the following circumstances:
(1) 
Whenever the property being subdivided or developed abuts a state legislative route, one plan print shall be submitted to the Pennsylvania Department of Transportation District Office.
(2) 
Whenever a proposed subdivision or land development is located adjacent to another municipality, one plan print shall be referred to that municipality.
E. 
Supplemental submissions are permitted, subject to the following provisions:
(1) 
The supplemental submission shall consist of nine complete sets of the plans, three copies of any revised supporting documentation, a completed and executed application form which notes the submission as a supplemental submission and a written summary of the changes made. The summary of the changes made shall refer to reviews to which the changes are responding.
(2) 
The submission shall be received at least 21 days prior to the date of the next meeting of the Pen Argyl Planning Commission at which the application is to be considered.
(3) 
Supplemental submissions which do not comply with the requirements of Subsection E(1) shall not be accepted for review. The submission of a final plan application will not be considered as a supplemental submission.
A. 
By the Pen Argyl Planning Commission.
(1) 
When a preliminary plan has been accepted for review, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 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) 
Within 60 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period, in which case, the sixty-day period commences on the 30th day following the date of the application), the Pen Argyl Planning Commission shall recommend to the Pen Argyl Borough Council that the preliminary plan be approved, conditionally approved or disapproved together with the documented findings upon which the recommendation is based.
B. 
By the Pen Argyl Borough Council.
(1) 
Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case, the ninety-day period commences on the 30th day following the date of the application), the Borough Council shall, in accordance with the provisions of this chapter and other applicable Borough ordinances and considering the recommendations of the Pen Argyl Planning Commission and the Lehigh Valley Planning Commission, take action by approving, conditionally approving or disapproving the preliminary plan.
(2) 
No action shall be taken by the Borough Council until it has received the written report of the Lehigh Valley Planning Commission. However, the Borough Council may act on the preliminary plan application if more than 30 days have elapsed since the date that the application was forwarded to the Lehigh Valley Planning Commission and the Lehigh Valley Planning Commission has not issued a written report.
(3) 
The Borough Council shall issue a written copy of the decision and communicate it to the applicant personally or mail it to him at his last known address not later than 15 days following the decision. Copies of the decision shall also be mailed to:
(a) 
The applicant's engineer or surveyor.
(b) 
The Pen Argyl Planning Commission.
(c) 
The Borough Engineer.
(4) 
The applicant shall be provided with a form to indicate acceptance of the conditions of approval, if any were imposed. The form shall be signed and dated by the applicant and shall be returned to the Zoning Officer on behalf of the Borough. Unless the signed, dated form is received by the Borough within 10 days of the date that the form was sent to the applicant, the Borough Council action is to deny the application for failure to comply with the chapter requirements cited in the action for conditional approval.
C. 
The time period for review of the plan may be extended by mutual agreement of the applicant and the Borough Council, and any such agreement shall be in writing.
D. 
A disapproved stormwater management site plan and/or operation & maintenance (O&M) plan may be resubmitted, with plan revisions itemized to address the Borough's concerns. Applicable review fees must accompany a resubmission.
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 Zoning Officer. An extension of time may be granted by the Pen Argyl Borough Council 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 approved by the Pen Argyl Borough Council and shall incorporate all modifications required by the Borough Council in its preliminary plan approval. The Borough Council 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 its surroundings, since the time of the preliminary plan review.
C. 
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 § 93-20. 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 application for final approval of each stage or section shall be no greater than 12 months.
D. 
Final plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the Zoning Officer.
E. 
Official submission of a final plan to the Zoning Officer by a developer shall be comprised of the following. (Submissions which do not include the material specified in the following subsections shall not be accepted as an official submission.) The Zoning Officer shall examine the material submitted for completeness. If the application is complete, the Zoning Officer shall proceed with the provisions of Subsection F. If the application is missing one or more completeness review required items, the Zoning Officer shall not accept the application for review and shall notify the applicant of the missing items.
(1) 
Five copies of a completed application for review of final subdivision plans;
(2) 
Ten 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 § 93-20.
(3) 
Three copies of all required supplemental information as set forth in § 93-20D.
(4) 
Additional sets of application forms, plans and supplemental material shall be submitted if Subsection G is applicable.
(5) 
The review fee and escrow shall be submitted as set forth in § 93-42.
F. 
The Zoning Officer shall refer final plan submission materials to the various review bodies as follows:
(1) 
One plan print to each member of the Pen Argyl Planning Commission.
(2) 
One application, one plan print, and one copy of the supplemental information to the Borough Engineer.
(3) 
One application, one plan print, and one copy of the supplemental information to the Borough Manager.
(4) 
One application, one plan print and one copy of the supplemental information shall be retained by the Zoning Officer.
(5) 
One plan print to the Borough Council.
G. 
The Zoning Officer shall refer additional copies of the final plan materials to the respective agencies in the following circumstances:
(1) 
Whenever the property being subdivided or developed abuts a state legislative route, one plan print shall be submitted to the Pennsylvania Department of Transportation District Office.
(2) 
Whenever a proposed subdivision or land development is located adjacent to another municipality, one plan print shall be referred to that municipality.
(3) 
Whenever the subdivision or land development requires a soil erosion and sedimentation control plan, as described in § 93-33A(3) of this chapter, one application, one plan print and one copy of supplemental information shall be submitted to the Northampton County Conservation District.
H. 
For all regulated activities, unless preparation of an SWM site plan is specifically exempted in § 93-30, Subsection G, Exemptions.
(1) 
Preparation and implementation of an approved SWM site plan is required.
(2) 
No regulated activities shall commence until the municipality issues written approval of an SWM site plan, which demonstrates compliance with the requirements of this chapter.
(3) 
SWM site plans approved by the municipality shall be on site throughout the duration of the regulated activity.
A. 
By the Pen Argyl Planning Commission.
(1) 
When a final plan has been accepted for review, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the final plan at this time.
(2) 
The Planning Commission shall review the final 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) 
Within 60 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period, in which case, the sixty-day period commences on the 30th day following the date of the application), the Pen Argyl Planning Commission shall recommend to the Pen Argyl Borough Council that the final plan be approved, conditionally approved or disapproved together with the documented findings upon which the recommendation is based.
(4) 
The time period for review of the plan may be extended by mutual agreement of the applicant and the Planning Commission, and any such agreement shall be in writing.
B. 
By the Pen Argyl Borough Council.
(1) 
Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case, the ninety-day period commences on the 30th day following the date of the application), the Borough Council shall, in accordance with the provisions of this chapter and other applicable Borough ordinances and considering the recommendations of the Pen Argyl Planning Commission and the Lehigh Valley Planning Commission, take action by approving, conditionally approving or disapproving the final plan.
(2) 
The Borough Council shall issue a written copy of the decision and communicate it to the applicant personally or mail it to him at his last known address not later than 15 days following the decision. Copies of the decision shall also be mailed to:
(a) 
The applicant's engineer or surveyor.
(b) 
The Pen Argyl Planning Commission.
(c) 
The Borough Engineer.
(3) 
The applicant shall be provided with a form to indicate acceptance of the conditions of approval, if any were imposed. The form shall be signed and dated by the applicant and shall be returned to the Zoning Officer on behalf of the Borough. Unless the signed, dated form is received by the Borough within 10 days of the date that the form was sent to the applicant, the Borough Council action is to deny the application for failure to comply with the chapter requirements cited in the action for conditional approval.
C. 
The time period for review of the plan may be extended by mutual agreement of the applicant and the Borough Council, and any such agreement shall be in writing.
D. 
When a final plan has been approved without conditions or approved with conditions accepted by the applicant, no subsequent change or amendment in Chapter 108, Zoning, this chapter, operation and maintenance (O&M) plan, or other governing ordinance shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
(1) 
In the case of any doubt as to the terms of a final approval, the terms of such approval shall be construed in the light of provisions of the governing ordinances as they stood at the time when the application for such approval was duly filed.
(2) 
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year period, or any extension thereof as may be granted by the Borough Council, no change in any Borough ordinance enacted subsequent to the date of the approval of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification, or density, lot, building, street, or utility location.
(3) 
Where the developer fails to substantially complete improvements shown on an approved final plan within five years of final plan approval, and where no extension to such five-year period has been granted, the Borough may require that construction of any improvements not substantially completed meet such design standards as may have been adopted by the Borough since the date of final plan approval. Such revisions shall affect, but shall not necessarily be limited to, street construction standards, curb and sidewalk requirements and construction standards, stormwater management facilities, sanitary sewerage provisions, water supply provisions, and any other element of the design deemed by the Borough to be related to the health, safety, and welfare of the future residents of the development or of the general public.
E. 
A disapproved SWM site plan may be resubmitted, with plan revisions itemized to address the Borough's concerns.
F. 
The applicable review fee must accompany the resubmission.
A. 
After the final plan is approved by the Pen Argyl Borough Council, the applicant shall provide two Mylar reproducible prints and six paper prints of the final plan for endorsement.
B. 
The record plan shall be a clear and legible print of a type and material required by the County Recorder of Deeds.
C. 
After the Pen Argyl Planning Commission and the Pen Argyl Borough Council have signed the record plan, it shall be presented to the Lehigh Valley Planning Commission for signature pursuant to Section 513 of the PA Municipalities Planning Code.[1] Once the plans bear these signatures, the applicant shall file the plan with the Northampton County Recorder of Deeds within 90 days of the approval. The applicant shall provide proof of the recording by providing the Zoning Officer with a receipt from the Recorder's office.
[1]
Editor's Note: See 53 P.S. § 10513.
D. 
At the time the record plan is endorsed by the Planning Commission and Borough Council, the Borough shall receive three paper prints and two Mylar prints of the approved final plans for the Borough's files.
E. 
At the time the record plan is signed by the Lehigh Valley Planning Commission, it shall receive one paper copy of the plans for the permanent files.
A. 
In the case of any proposed residential subdivision which does not by itself or in combination with previously approved subdivisions, involve more than a total of three lots including the residue property and does not involve the provision of any new street or easement for access (i.e., one in which all proposed lots will have frontage on an existing public street), or for a boundary adjustment where no new lots are created and where no development is proposed, the following procedure shall apply:
B. 
Plans and all required supplementary data for all proposed subdivisions and land developments shall be submitted to the Zoning Officer.
C. 
Official submission of a plan exempted from standard procedure to the Zoning Officer by a developer shall be comprised of the following. (Submissions which do not include the material specified in the following subsections shall not be accepted as an official submission.) The Zoning Officer shall examine the material submitted for completeness. If the application is complete, the Zoning Officer shall proceed with the provisions of Subsection C. If the application is missing one or more completeness review required items, the Zoning Officer shall not accept the application for review and shall notify the applicant of the missing items.
(1) 
Five copies of a completed application for review of subdivision plans exempted from standard procedures.
(2) 
Nine black-on-white or blue-on-white prints on paper of the plan which shall fully comply with the provisions of this chapter as set forth in § 93-20.
(3) 
Three copies of all required supplemental information as set forth in § 93-21D.
(4) 
Additional sets of application forms, plans and supplemental material shall be submitted if Subsection E(1) or (2) is applicable.
(5) 
The review fee and escrow shall be submitted as set forth in § 93-42.
D. 
The Zoning Officer shall refer plans exempted from standard procedures plan submission materials to the various review bodies as follows:
(1) 
One plan print to each member of the Pen Argyl Planning Commission.
(2) 
One application, one plan print, and one copy of the supplemental information to the Borough Engineer.
(3) 
One application, one plan print, and one copy of the supplemental information to the Borough Manager.
(4) 
One application, one plan print and one copy of the supplemental information shall be retained by the Zoning Officer.
(5) 
One application, one plan print and the review fee to the Lehigh Valley Planning Commission. If the application requires the preparation of a stormwater management site plan pursuant to this chapter, the Zoning Officer shall send one additional plan print and the stormwater calculations to the Lehigh Valley Planning Commission.
E. 
The Zoning Officer shall refer additional copies of the plans exempted from standard procedures plan materials to the respective agencies in the following circumstances:
(1) 
Whenever the property being subdivided or developed abuts a state legislative route, one plan print shall be submitted to the Pennsylvania Department of Transportation District Office.
(2) 
Whenever a proposed subdivision or land development is located adjacent to another municipality, one plan print shall be referred to that municipality.
F. 
Supplemental submissions are permitted subject to the following provisions:
(1) 
The supplemental submission shall consist of nine complete sets of the plans, three copies of any revised supporting documentation, a completed and executed application form which notes the submission as a supplemental submission and a written summary of the changes made. The summary of the changes made shall refer to reviews to which the changes are responding.
(2) 
The submission shall be received at least 21 days prior to the date of the next meeting of the Pen Argyl Planning Commission at which the application is to be considered.
(3) 
Supplemental submissions which do not comply with the requirements of Subsection F(1) shall not be accepted for review. The submission of a final plan application will not be considered as a supplemental submission.
A. 
By the Pen Argyl Planning Commission.
(1) 
When a plan exempt from standard procedure has been accepted for review, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the plans exempted from standard procedures at this time.
(2) 
The Planning Commission shall review the plan exempt from standard procedure 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) 
Within 60 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period, in which case, the sixty-day period commences on the 30th day following the date of the application), the Pen Argyl Planning Commission shall recommend to the Pen Argyl Borough Council that the plan exempt from standard procedure be approved, conditionally approved or disapproved together with the documented findings upon which the recommendation is based.
(4) 
The time period for review of the plan may be extended by mutual agreement of the applicant and the Planning Commission, and any such agreement shall be in writing.
B. 
By the Pen Argyl Borough Council.
(1) 
Within 90 days following the date of the regular meeting of the Planning Commission next following the date of the application (unless the next meeting does not fall in a thirty-day period following the date of the application, in which case, the ninety-day period commences on the 30th day following the date of the application), the Borough Council shall, in accordance with the provisions of this chapter and other applicable Borough ordinances and considering the recommendations of the Pen Argyl Planning Commission and the Lehigh Valley Planning Commission, take action by approving, conditionally approving or disapproving the plan exempt from standard procedure.
(2) 
No action shall be taken by the Borough Council until it has received the written report of the Lehigh Valley Planning Commission. However, the Borough Council may act on the plan exempt from standard procedure application if more than 30 days have elapsed since the date that the application was forwarded to the Lehigh Valley Planning Commission and the Lehigh Valley Planning Commission has not issued a written report.
(3) 
The time period for review of the plan may be extended by mutual agreement of the applicant and the Borough Council, and any such agreement shall be in writing.
(4) 
The Borough Council shall issue a written copy of the decision and communicate it to the applicant personally or mail it to him at his last known address not later than 15 days following the decision, Copies of the decision shall also be mailed to:
(a) 
The applicant's engineer or surveyor.
(b) 
The Pen Argyl Planning Commission.
(c) 
The Borough Engineer.
(5) 
The applicant shall be provided with a form to indicate acceptance of the conditions of approval, if any were imposed. The form shall be signed and dated by the applicant and shall be returned to the Zoning Officer on behalf of the Borough. Unless the signed, dated form is received by the Borough within 10 days of the date that the form was sent to the applicant, the Borough Council action is to deny the application for failure to comply with the chapter requirements cited in the action for conditional approval.
(6) 
If the plan receives final approval, the provisions of § 93-15 shall apply.