Township of Kidder, PA Plan Processing

Filing with Administrator. Unless otherwise provided by this chapter, all required plans, applications, fees and supporting data shall be delivered in person to the Administrator not less than 15 calendar days prior to the Planning Commission meeting at which the same is to be considered for acceptance for review by the Planning Commission. Any filing received less than 15 days prior to a regularly scheduled meeting of the Planning Commission will not be placed on the agenda for consideration until the next regularly scheduled meeting of the Planning Commission.

Folded plans. All plans submitted to the Township shall be folded to a size which will fit into a standard filing cabinet.

Electronic documents. In addition to the required number of paper copies, all filings shall include two digital copies with all documents in electronic format approved by the Township.

Official Map. The applicant shall, prior to filing any plan, determine if any of the land proposed for subdivision or land development is subject to the Kidder Township Official Map. The applicant is encouraged to contact the Township Zoning Officer prior to filing the plan.

Filing verification. The Administrator shall review the filed documents to make a preliminary determination whether the required documents have been filed in proper number and form. If complete, the Administrator will issue a verification indicating the date the filing was received by the Administrator. If not complete, all documents and the fee shall be returned to the applicant.

Refiling of plans.

The refiling of plans shall be done in the same manner and number as required for the initial filing.

Any revised plans shall include all revisions clearly highlighted on the plans or a summary of the revisions sealed by the Project Engineer.

Attendance. The applicant or a duly authorized representative shall attend each Planning Commission and Board of Supervisors meeting at which the application is on the agenda.

Public hearing. Before acting on any plan, the Planning Commission and/or Board of Supervisors may, at their option, hold a public hearing thereon after public notice.

Action. All minor, preliminary and final plans and all land development plans (but excluding lot line adjustment plans) shall be reviewed by the Planning Commission for compliance with this chapter. Plans and supportive data which are complete shall be recommended to the Board of Supervisors for approval, approval with conditions, or denial.

Field inspections.

Landowner permission. It shall be implicit in any request for plan approval that the landowner automatically grants the Planning Commission, the Township Board of Supervisors, or anyone designated by either body, the right to enter upon the area proposed for the subdivision for the purpose of becoming familiar with the property, making necessary observations or tests or for any other reasonable and lawful purpose.

Scheduling. The Planning Commission or Board of Supervisors may, at the time of sketch plan or preliminary plan filing or at any other time deemed appropriate, schedule a field inspection of the parcel proposed for subdivision or development. The applicant or his representative shall, upon request by the Township, accompany the Township official or designated representative, and to facilitate the inspection, the applicant shall have the approximate centerline(s) of any proposed streets marked with temporary stakes.

Recording final plans.

Time limit. Upon the approval of a final plan, the applicant shall within 90 days of such final approval, or 90 days after the date of delivery of an approved and signed record plan following completion of conditions imposed for such approval, whichever is later, record such record plan in the Office of the Carbon County Recorder of Deeds, and provide to the Township proof of recording within 105 days of the said approval/delivery.

Failure to record. If the applicant fails to record the record plan in the Recorder's office within the required ninety-day period and provide the proof of recording within the one-hundred-five-day period, the action of the Township shall be deemed null and void and a resubmission of the plan shall be made to the Township.

Lot improvement plans. In the case of lot joinder plans, the applicant shall provide proof of recording the required deeds within 90 days of recording the plan for the lot joinder. If the applicant fails to provide the proof of deed recording within the required ninety-day period, the action of the Township shall be deemed null and void and a resubmission of the plan shall be made to the Township.

Recorder of Deeds. The Carbon County Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Board of Supervisors, and review by the Carbon County Planning Commission.

Tax assessment. The recording of the plan shall not constitute grounds for tax assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.

§ 153-17 Sketch plan.

Optional sketch plans.

Applicants are very strongly encouraged, but not required, to provide a sketch plan to the Planning Commission prior to the filing of a preliminary plan, land development plan or minor plan. The purpose of the sketch plan is to:

Avoid costly revisions to detailed preliminary plans prepared before a general consensus on the layout is reached with the Planning Commission.

Identify the overall objectives of the applicant using a diagrammatic approach showing broad areas of development and broad areas of conservation.

Determine if the plan is a major or a minor subdivision and/or land development.

Assist applicants and officials to develop a better understanding of the property.

(e)

Establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under Chapter 180, Zoning.

(f)

Ensure that the plan generally conforms to the provisions of this chapter.

(g)

Demonstrate compliance with any design parameters deemed necessary by the Township for conformance to the Township Comprehensive Plan.

The critical part of the sketch plan review process is to lay the sketch plan on top of the existing resources and site analysis, prepared in accord with the requirements of § 153-28C, to determine the extent to which the proposed layout of conservation areas, streets, and building lots succeeds in designing around and conserving significant site features. The sketch plan should be prepared on paper and translucent material (such as tracing paper or mylar) and at the same scale as the existing resources and site analysis.

Contiguous holdings. When an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout should be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this § 153-17 shall not constitute approval of the future subdivision shown thereon.

Non-formal filing. A sketch plan shall be considered only for discussion between the applicant and the Planning Commission and shall not constitute a formal filing of a plan with the Planning Commission. All sketch plans shall be so noted on the plan and in the minutes of the Planning Commission.

Major subdivisions and land developments: sketch plans.

Preapplication meeting. A preapplication meeting is encouraged between the applicant, the site designer, and the Planning Commission (and/or its planning consultant), to introduce the applicant to the Township's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan filings as described below. Applicants are also encouraged to present the existing resources and site analysis at this meeting.

Existing resources and site analysis. Applicants are encouraged to provide an existing resources and site analysis, in its context, prepared in accord with the requirements of § 153-28C. The purpose of this key element is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for conducting a site inspection. This plan should be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the sketch plan (or on the preliminary plan, if the optional sketch plan is not provided).

Site inspection. After preparing the existing resources and site analysis, applicants are encouraged to arrange for a site inspection of the property by the Planning Commission and other Township officials, and shall distribute copies of said site analysis at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated conservation open space (if applicable), and potential locations for proposed buildings and street alignments. Comments made by Township officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.

Pre-sketch conference. Following the site inspection and prior to a diagrammatic sketch plan, the applicant is encouraged to meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design process described in § 153-46, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.

Sketch plan review.

Five copies of a sketch plan, meeting the requirements set forth in § 153-27, shall be delivered to the Administrator during business hours at least 10 days prior to the Planning Commission meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for conservation open space, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis. The sketch plan should also be designed in accordance with the four-step design process described in § 153-46, and with the conservation open space standards listed in § 153-47.

The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the Township. Its review shall informally advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter, and may suggest possible plan modifications that would increase its degree of conformance. The Commission may provide written comments to the applicant. The sketch plan may also be forwarded by the Planning Commission to the Carbon County Planning Commission for its review and comment. The reviews may include, but not be limited to:

The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, stormwater management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's existing resources and site;

The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;

The location of proposed access points along the existing road network;

The proposed building density and impervious coverage;

The compatibility of the proposal with respect to the objectives and policy recommendations of the Township Comprehensive Plan; and

Consistency with the Chapter 180, Zoning.

§ 153-18 Preliminary plans for major subdivisions and land developments.

(See § 153-21 for optional land development process.) All applications for preliminary plans for major subdivisions and land developments shall be filed with the Township and processed in accord with this § 153-18.

Filings not preceded by a sketch plan. If an applicant opts not to provide a sketch plan, the preliminary plan shall include all information required for sketch plans listed in § 153-17 specifically including the existing resources and site analysis, plus further details as required by this chapter.

A.1.

Site inspection. If requested by the Planning Commission, a site inspection shall be arranged and conducted in accord with § 153-17D(3).

A.2.

Official filing of preliminary plans.

Plan to be filed with the Township.

Initial filing. Copies of the preliminary plan and all required supporting documentation shall be delivered to the Administrator by the applicant or authorized representative by the end of the business day at least 15 days prior to the Planning Commission meeting at which the applicant applies for the official date of preliminary plan submission.

Subsequent materials. All materials provided in support of an application after the initial filing, whether an amended plan, an expert or agency report or review letter, or any other data in support of an application shall be provided to the Administrator at least 15 days prior to the meeting at which the applicant wishes to have those materials considered.

Electronic documents. In addition to the required number of paper copies, all filings shall include two digital copies compact disks with all documents in electronic Portable Document File (PDF) format or other electronic format approved by the Township.

Number of copies to be filed. The filing of the preliminary plan shall include the following. (The Township may require the applicant to provide additional copies of any required information. The required number of copies required for initial submission may be changed by resolution of the Board of Supervisors.)

Five completed copies of the subdivision plan application.

Two full-size and nine eleven-inch-by-seventeen-inch folded legible paper prints of the preliminary plan.

Five copies of the required sewage planning module(s) and associated documentation.

Two copies of all other required supporting data and information as required in Article IV.

Preliminary plan filing fee. The Administrator shall collect a preliminary plan filing fee as established by resolution of the Board of Supervisors for all subdivisions.

Fees charged shall cover the costs listed in § 153-89C and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial filing of the application to the Administrator.

Preliminary plan filing verification and distribution. Upon receipt of the preliminary plan and supporting data, the Administrator shall verify the filing for the required number of copies of all documents.

If the filing is verified, the Administrator shall accept the said plans and documentation, complete the filing verification, noting same, and provide a copy of the plan filing verification to the applicant. The Administrator shall, as directed by the Planning Commission, then provide copies of the applicable plans and documents to:

The Township Planning Commission.

The Township Engineer.

The Township Solicitor.

The Township Planning Commission Solicitor.

The Township Zoning Officer.

Any other agency, engineer or consultant designated by the Township.

If the filing is not verified, the Administrator shall complete the plan filing verification, noting any and all deficiencies or omissions in the filing, provide a copy of the plan filing verification to the applicant, and return all documents to the applicant.

The plan filing verification shall only verify that the correct number of copies of all plans and documentation have been provided and shall in no way be construed to be a plan submission receipt.

Official date of the preliminary plan submission. The official date of the preliminary plan submission shall be determined by the Planning Commission which shall examine the filed documents to determine that all are complete and in proper form.

If the filed documents are not complete or not in the proper form, the applicant shall be notified, in writing, of the deficiencies; and the filed documents shall be rejected until the said deficiencies are corrected and then examined again at the next regularly scheduled or special meeting after the refiling.

If the filed documents are complete and acceptable, the Administrator shall execute an official submission receipt listing the date of the said meeting as the official date of the preliminary plan submission and forward said receipt to the applicant.

If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 calendar days following the date of filing verification established in accord with § 153-18A(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said filing verification.

If the application is being filed after a final order of the court remanding the application to the Township, the ninety-calendar-day review period shall be measured from the date of the meeting of the Planning Commission next following the final order of the court. If the first meeting of the Planning Commission occurs more than 30 calendar days following the final order of the court, the ninety-calendar-day review period shall be measured from the 30th calendar day following the final order of the court.

(e)

Distribution of the preliminary plan. When authorized by the Administrator, the applicant shall provide the plan and all required supporting documentation to the Carbon County Planning Commission for review. The applicant shall be responsible for providing the plan and all required supporting documentation to the Carbon County Conservation District, PennDOT, and all other agencies.

Preliminary plan review and action.

Planning Commission review and action period. The Planning Commission shall review the properly filed preliminary plan to determine compliance with this chapter and take action to reject, or recommend to the Board of Supervisors denial, approval, or approval with conditions and modifications of such plan as provided in this § 153-18B. The Planning Commission shall make its recommendation to the Board of Supervisors and communicate, in writing, such recommendation to the applicant within 15 calendar days of when the decision was made.

If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to the Board of Supervisors.

If approval with conditions is recommended, such approval recommendation shall be communicated to the Board of Supervisors and the applicant, in writing, along with a statement of such conditions.

If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, and the date of the denial recommendation, shall be communicated to the Board of Supervisors and the applicant, in writing.

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the preliminary plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Township review and action, including the written communication to the applicant, exceed 90 calendar days from the official date of the preliminary plan submission as established pursuant to § 153-18A(5).

Board of Supervisors approval with conditions. When a preliminary plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the preliminary plan is considered and communicated, in writing, to the applicant as provided in § 153-18B(2). When a preliminary plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the preliminary plan shall become an automatic disapproval and the said plan may be refiled as required by § 153-18, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.

Board of Supervisors denials. When a preliminary plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Board of Supervisors meeting at which the preliminary plan is considered and communicated, in writing, to the applicant as provided in § 153-18B(2).

Reviewing Agency and Officials comments. The Planning Commission and the Board of Supervisors may consider the comments and the recommendations provided pursuant to § 153-18A(6) and may request such additional information as deemed necessary.

Carbon County Planning Commission comments. No official action shall be taken by the Board of Supervisors until it has received and considered the comments of the Carbon County Planning Commission or after 30 calendar days following transmittal of the preliminary plan to the County Planning Commission.

Sewage facilities planning modules. The Board of Supervisors shall concurrently make its decision on the sewage facilities planning module; and, if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Preliminary plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the preliminary major subdivision plan shall be conditional upon the issuance of a highway occupancy permit by the Township or PA DOT, as the case may be.

Soil erosion and sedimentation control. Approval of the preliminary plan shall be conditional upon the approval of the soil erosion and sedimentation control plan by the Carbon County Conservation District/PA DEP and the issuance of any associated permits.

Public hearing. The Planning Commission or the Board of Supervisors may conduct a public hearing on the proposed preliminary plan pursuant to public notice.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Township; and any such agreement shall be in writing.

§ 153-19 Final plans for major subdivisions and land developments.

(See § 153-21 for optional land development process.) All final plans for major subdivisions and land developments shall be filed and processed in accord with this § 153-19.

Final plan application. An application for final plan approval can be filed only when all of the following conditions have been met:

The subdivision has previously been granted an unconditional preliminary plan approval in accord with § 153-18 or all conditions established by the Board of Supervisors for the preliminary plan approval have been fulfilled by the applicant.

All improvements, such as roads and drainage facilities (see definition of "improvement" in Article II) which are shown on the preliminary plan, have been completed or guaranteed in accord with Article V.

Final plan conformation; five-year protection from ordinance changes. The final plan shall conform in all principal respects to the previously approved preliminary plan. The Planning Commission shall determine whether a modified final plan shall be accepted or whether a new preliminary plan shall be filed pursuant to § 153-18. In accord with § 153-5 and § 508(4)(ii) of the MPC, when a preliminary plan has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accord with the terms of such approval within five years from such approval.

Sections. Final plans may be filed in sections in accord with § 508(4)(v), (vi) and (vii) of the MPC, each covering a portion of the entire proposed subdivision as shown on the preliminary plan.

Each section in the subdivision, except for the last section, shall contain a minimum of 25% of the total number of lots and/or dwelling units as depicted on the preliminary plan, except that the Board of Supervisors may approve a lesser percentage.

When a final plan is proposed to be filed by sections, a proposed layout of the sections, their boundaries, the order of filing, and a schedule of filing shall be proposed to the Township for approval prior to filing of the first section.

Official filing of final plans.

Plan to be filed with the Township.

Initial filing. Copies of the final plan and all required supporting documentation shall be filed with the Administrator by the applicant or authorized representative by the end of the business day at least 15 days prior to the Planning Commission meeting at which the applicant applies for the official date of final plan submission.

Subsequent material. All materials provided in support of an application after the initial filing, whether an amended plan, an expert or agency report or review letter, or any other data in support of an application shall be provided to the Administrator at least 15 days prior to the meeting at which the applicant wishes to have those materials considered.

Electronic documents. In addition to the required number of paper copies, all filings shall include two digital copies with all documents in electronic format approved by the Township.

Number of copies to be filed. The official filing of the final plan shall include the following. (The Township may require the applicant to provide additional copies of any required information. The required number of copies required for initial submission may be changed by resolution of the Board of Supervisors.)

Five completed copies of the subdivision plan review application.

Two full-size and nine eleven-inch-by-seventeen-inch folded legible paper prints of the final plan. Following recommendation for approval by the Planning Commission and when all corrections have been made to the final plan, seven full size paper prints shall be provided for final signature.

Five copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.

Two copies of the applicable highway occupancy permit.

(e)

Two copies of all other required supporting data and information as required in Article IV.

Final plan filing fee. The Administrator shall collect a final plan filing fee as established by resolution of the Board of Supervisors for all subdivisions.

Fees charged shall cover the costs listed in § 153-89C and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial submission of the application to the Administrator.

Final plan filing verification and distribution. Upon receipt of the final plan and supporting data, the Administrator shall verify the filing for the required number of copies of all documents.

The Township Planning Commission.

The Township Engineer.

The Township Solicitor.

The Township Planning Commission Solicitor.

The Township Zoning Officer.

Any other agency, engineer or consultant designated by the Township.

The plan filing verification shall only verify that the correct number of copies of all plans and documentation have been filed and shall in no way be construed to be a plan submission receipt.

Official date of the final plan submission. The official date of the final plan submission shall be determined by the Planning Commission, which shall examine the filed documents to determine that all are complete and in proper form.

If the filed documents are complete and acceptable, the Chairman of the Planning Commission shall execute an official submission receipt listing the date of the said meeting as the official date of the final plan submission and forward said receipt to the applicant.

If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 calendar days following the date of filing verification established in accord with § 153-19D(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said filing verification.

(6)

Distribution of the final plan. When authorized by the Administrator, the applicant shall provide the plan and all required supporting documentation to the Carbon County Planning Commission for review. The applicant shall be responsible for providing the plan and all required supporting documentation to the Carbon County Conservation District, PennDOT, and all other agencies.

Final plan review and action.

Planning Commission review and action period. The Planning Commission shall review the properly filed final plan to determine compliance with this chapter and take action to reject, or recommend to the Board of Supervisors denial, approval, or approval with conditions and modifications of such plan as provided in this § 153-19E. The Planning Commission shall make its recommendation to the Board of Supervisors and communicate, in writing, such recommendation to the applicant within 15 calendar days of when the decision was made.

If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to the Board of Supervisors.

If approval with conditions is recommended, such approval recommendation shall be communicated to the Board of Supervisors and the applicant, in writing, along with a statement of such conditions.

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make the decision regarding the final plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Township review and action, including the written communication to the applicant, exceed 90 calendar days from the official date of the final plan submission as established pursuant to § 153-19D(5).

Board of Supervisors approval with conditions. When a final plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the final plan is considered and communicated, in writing, to the applicant as provided in § 153-19E(2). When a final plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the final plan shall become an automatic disapproval and the said plan may be refiled as required by § 153-19, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.

Board of Supervisors denials. When a final plan is denied by the Board of Supervisors, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Board of Supervisors meeting at which the final plan is considered and communicated, in writing, to the applicant as provided in § 153-19E(2).

Reviewing agency and officials comments. The Planning Commission and the Board of Supervisors shall consider the comments and the recommendations provided pursuant to § 153-19D(6) and may request such additional information as deemed necessary.

Public hearing. The Planning Commission or the Board of Supervisors may conduct a public hearing on the proposed final plan pursuant to public notice.

Planned improvements. The Board of Supervisors shall not approve or sign the final plan until such time as all the improvements shown on the final plan have been installed by the developer and verified as complete by the Township Engineer; or a performance guarantee has been provided by the applicant pursuant to Article V.

Signature of final plan. When all requirements and conditions have been fulfilled by the applicant and all supplemental data and documents have been provided and approved, the Board of Supervisors shall endorse the final plan for recording purposes and shall retain at least one endorsed print.

Applicant's duty to record the final plan.

Deadline. The applicant shall record the approved final plan with the Carbon County Recorder of Deeds within 90 calendar days of the date of endorsement by the Board of Supervisors.

Notification. The applicant shall notify the Board of Supervisors in writing of the date of such recording and the plan book and page wherein such plan is recorded.

Failure to record. If the plan is not recorded within the required time period, the approval shall lapse and become void.

As-built plans. Upon the completion of all improvements, the applicant shall provide to the Township plans certified by the applicant's surveyor and engineer showing all such improvements as installed. Failure of the applicant to provide the as-built plans shall constitute a violation of this chapter, and shall be subject to all the enforcement proceedings contained in this chapter.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Board of Supervisors; and, any such agreement shall be in writing.

§ 153-20 Minor subdivisions.

Preliminary plans for minor subdivisions shall not be required. However, a final plan for all minor subdivisions shall be filed with the Township and be processed in accord with this § 153-20.

Official filing of minor subdivision plans.

Plan to be filed with the Township.

Initial filing. Copies of the minor subdivision plan and all required supporting documentation shall be filed with the Administrator by the applicant or authorized representative by the end of the business day at least 15 days prior to the Planning Commission meeting at which the applicant applies for the official date of minor subdivision plan submission.

Subsequent materials. All materials provided in support of an application after the initial filing, whether an amended plan, an expert or agency report or review letter, or any other data in support of an application shall be filed with the Administrator at least 15 days prior to the meeting at which the applicant wishes to have those materials considered.

Electronic documents. In addition to the required number of paper copies, all filings shall include two digital copies with all documents in electronic format approved by the Township.

Number of copies to be provided. The official filing of the minor subdivision plan shall include the following. (The Township may require the applicant to provide additional copies of any required information. The required number of copies required for initial submission may be changed by resolution of the Board of Supervisors.)

Five completed copies of the subdivision plan application.

Two full-size and nine eleven-inch-by-seventeen-inch folded legible paper prints of the minor subdivision plan.

Five copies of the required sewage planning module(s) and associated documentation.

Two copies of all other required supporting data and information as required in Article IV of this chapter.

Minor subdivision plan filing fee. The Administrator shall collect a minor subdivision plan filing fee as established by resolution of the Board of Supervisors for all subdivisions.

Fees charged shall cover the costs listed in § 183-89C and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial filing of the application to the Administrator.

Minor subdivision plan filing verification and distribution. Upon receipt of the minor subdivision plan and supporting data, the Administrator shall verify the filing for the required number of copies of all documents.

The Township Planning Commission.

The Township Engineer.

The Township Solicitor.

The Township Planning Commission Solicitor.

The Township Zoning Officer.

Any other agency, engineer or consultant designated by the Township.

The plan filing verification shall only verify that the correct number of copies of all plans and documentation have been provided and shall in no way be construed to be a plan submission receipt.

Official date of the minor subdivision submission. The official date of the minor subdivision plan submission shall be determined by the Planning Commission which shall examine the filed documents to determine that all are complete and in proper form.

If the filed documents are complete and acceptable, the Chairman of the Planning Commission shall execute an official submission receipt listing the date of the said meeting as the official date of the minor subdivision plan submission and forward said receipt to the applicant.

If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 calendar days following the date of filing verification established in accord with § 153-20A(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said filing verification.

(6)

Distribution of the minor subdivision plan. When authorized by the Administrator, the applicant shall provide the plan and all required supporting documentation to the Carbon County Planning Commission for review. The applicant shall be responsible for providing the plan and all required supporting documentation to the Carbon County Conservation District, PennDOT, and all other agencies.

Minor subdivision plan review and action.

Planning Commission review and action period. The Planning Commission shall review the properly filed minor subdivision plan to determine compliance with this chapter and take action to reject, or recommend to the Board of Supervisors denial, approval, or approval with conditions and modifications of such plan as provided in this § 153-20B. The Planning Commission shall make its recommendation to the Board of Supervisors and communicate, in writing, such recommendation to the applicant within 15 calendar days of when the decision was made.

If approval is recommended, the plan and written notice of said recommendation, along with the other documentation, shall be forwarded to the Board of Supervisors.

If approval with conditions is recommended, such approval recommendation shall be communicated to the Board of Supervisors and the applicant, in writing, along with a statement of such conditions.

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the minor subdivision plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Township review and action, including the written communication to the applicant, exceed 90 calendar days from the official date of the minor subdivision plan submission as established pursuant to § 153-20A(5).

Board of Supervisors approval with conditions. When a minor subdivision plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the minor subdivision plan is considered and communicated, in writing, to the applicant as provided in § 153-20B(2). When a minor subdivision plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the minor subdivision plan shall become an automatic disapproval and the said plan may be refiled as required by § 153-20, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.

Board of Supervisors denials. When a minor subdivision plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Board of Supervisors meeting at which the minor subdivision plan is considered and communicated, in writing, to the applicant as provided in § 153-20B(2).

Reviewing agency and officials comments. The Planning Commission and the Board of Supervisors shall consider the comments and the recommendations pursuant to § 153-20A(6) and may request such additional information as deemed necessary.

Carbon County Planning Commission comments. No official action shall be taken by the Board of Supervisors until it has received and considered the comments of the Carbon County Planning Commission or after 30 calendar days following transmittal of the minor subdivision plan to the County Planning Commission.

Sewage facilities planning modules. The Board of Supervisors shall concurrently make its decision on the sewage facilities planning module; and, if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Minor subdivision plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the minor subdivision plan shall be conditional upon the issuance of a highway occupancy permit by the Township or PA DOT, as the case may be.

Soil erosion and sedimentation control. Approval of the minor subdivision plan shall be conditional upon the approval of the soil erosion and sedimentation control plan by the Carbon County Conservation District/PA DEP and the issuance of any associated permits.

Public hearing. The Planning Commission or the Board of Supervisors may conduct a public hearing on the proposed minor subdivision plan pursuant to public notice.

Signature of minor subdivision plan. When all requirements and conditions have been fulfilled by the applicant and all supplemental data and documents have been provided and approved, the Board of Supervisors shall endorse the minor subdivision plan for recording purposes and shall retain at least one endorsed print.

Applicant's duty to record the final minor plan.

Deadline. The applicant shall record the approved final plan with the Carbon County Recorder of Deeds within 90 calendar days of the date of endorsement by the Board of Supervisors.

Notification. The applicant shall notify the Board of Supervisors in writing of the date of such recording and the plan book and page wherein such plan is recorded.

Failure to record. If the plan is not recorded within the required time period, the approval shall lapse and become void.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Board of Supervisors; and any such agreement shall be in writing.

§ 153-21 Plans for land developments (optional).

All plans for land developments, except for nonqualifying land developments, may be submitted and processed in accord with this § 153-21. Nonqualifying land developments include land developments (e.g., condominiums or townhouses transferred in fee) other than rental or short-term lease, and such land developments shall comply with § 153-18 and § 153-19.

The intent of this § 153-21 is to combine the preliminary and final plan approval stages into one step for land developments which do not involve the transfer of any interest in real estate, other than rental or short-term lease. Requiring preliminary and final approval for such land developments is not necessary because no transfer of real estate is proposed; and, the preliminary-final process is not necessary to assure the completion of improvements for the protection of individual purchasers. Occupancy of any structures which are part of the land development shall not be permitted until all required improvements have been completed by the developer and approved by the Township.

A.1.

Land development plan application. An application for land development plan approval shall be filed in accord with this § 153-21.

Official filing of land development plans.

Plan to be filed with the Township.

Initial filing. Copies of the land development plan and all required supporting documentation shall be filed with the Administrator by the applicant or his authorized representative at least 15 days prior to the Planning Commission meeting at which the applicant applies for the official date of land development plan submission.

Subsequent material. All materials provided in support of an application after the initial filing, whether an amended plan, an expert or agency report or review letter, or any other data in support of an application shall be filed with the Administrator at least 15 days prior to the meeting at which the applicant wishes to have those materials considered.

Electronic documents. In addition to the required number of paper copies, all filings shall include two digital copies with all documents in electronic format approved by the Township.

Number of copies to be provided. The official filing of the land development plan shall include the following. (The Township may require the applicant to provide additional copies of any required information.)

Five completed copies of the land development plan review application.

Two full-size and nine eleven-inch-by-seventeen-inch folded legible paper prints of the land development plan. Following recommendation for approval by the Planning Commission and when all corrections have been made to the land development plan, seven full size prints shall be provided for final signature.

Five copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.

Two copies of all other required supporting data and information as required in Article IV.

Land development plan filing fee. The Administrator shall collect a land development plan filing fee as established by resolution of the Board of Supervisors.

Fees charged shall cover the costs listed in § 153-89C and other administrative expenses associated with the review of subdivision.

The applicant shall pay the fee at the time of initial filing of the application to the Administrator.

Land development plan filing verification and distribution. Upon receipt of the land development plan and supporting data, the Administrator shall verify the filing for the required number of copies of all documents.

The Township Planning Commission.

The Township Engineer.

The Township Solicitor.

The Township Planning Commission Solicitor.

The Township Zoning Officer.

Any other agency, engineer or consultant designated by the Township.

If the filed documents are not verified, the Administrator shall complete the plan filing verification, noting any and all deficiencies or omissions in the filing, provide a copy of the plan filing verification to the applicant, and return all documents to the applicant.

The plan filing verification shall only verify that the correct number of copies of all plans and documentation have been filed and shall in no way be construed to be a plan submission receipt.

Official date of the land development plan submission. The official date of the land development plan submission shall be determined by the Planning Commission which shall examine the filed documents to determine that all documents are complete and in proper form.

If the filed documents are not complete or not in the proper form the applicant shall be notified, in writing, of the deficiencies; and the filed documents shall be rejected until the said deficiencies are corrected and then examined again at the next regularly scheduled or special meeting after the refiling.

If the filed documents are complete and acceptable, the Chairman of the Planning Commission shall execute an official submission receipt listing the date of the said meeting as the official date of the land development plan submission and forward said receipt to the applicant.

If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 calendar days following the date of filing verification established in accord with § 153-21B(4), the ninety-calendar-day review period shall be measured from the 30th calendar day following the day of said filing verification.

(6)

Distribution of the land development plan. When authorized by the Administrator, the applicant shall provide the plan and all required supporting documentation to the Carbon County Planning Commission for review. The applicant shall be responsible for providing the plan and all required supporting documentation to the Carbon County Conservation District, PennDOT, and all other agencies.

Land development plan review and action.

Planning Commission review and action period. The Planning Commission shall review the properly filed land development plan to determine compliance with this chapter and take action to reject, or recommend to the Board of Supervisors denial, approval or approval with conditions and modifications of such plan as provided in this § 153-21C. The Planning Commission shall make its recommendation to the Board of Supervisors and communicate, in writing, such recommendations to the applicant within 15 calendar days of when the decision was made.

If approval is recommended, the signed and dated plan shall be forwarded to the Board of Supervisors.

If approval with conditions is recommended, the plan shall not be signed; but such approval recommendation shall be communicated to the Board of Supervisors and the applicant, in writing, along with a statement of such conditions.

If denial is recommended, the specific reasons for such denial, citing specific provisions of this chapter or other applicable statute, and the date of denial shall be communicated to the Board of Supervisors and the applicant, in writing.

Board of Supervisors review and action period. Upon the receipt of the Planning Commission's recommendation, the Board of Supervisors shall make its decision regarding the land development plan and communicate, in writing, such decision to the applicant within 15 calendar days of when the decision is made. However, in no case shall the period for Township review and action, including written communication to the applicant, exceed 90 calendar days from the official date of the land development submission as established pursuant to § 153-21B(5).

Board of Supervisors approval with conditions. When a land development plan is approved with conditions, such conditions shall be expressly included in the minutes of the Board of Supervisors meeting at which the land development plan is considered and communicated, in writing, to the applicant as provided in § 153-21C(2). When a land development plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the said conditions and/or modifications, in writing, within 15 calendar days of receipt of said written notice, the said conditional approval of the land development plan shall become an automatic disapproval and the said plan may be refiled as required by § 153-21, including a new filing fee. The written notice to the applicant shall include the specific terms of the approval and shall note that failure to agree and accept the conditions shall constitute a denial of the plan.

Board of Supervisors denials. When a land development plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Board of Supervisors meeting at which the land development plan is considered and communicated, in writing, to the applicant as provided in § 153-21C(2).

Reviewing agency and officials comments. The Planning Commission and the Board of Supervisors shall consider the comments and the recommendations provided pursuant to § 153-21B(6) and may request such additional information as deemed necessary.

Carbon County Planning Commission comments. No official action shall be taken by the Board of Supervisors until it has received and considered the comments of the Carbon County Planning Commission or after 30 calendar days following transmittal of the land development plan to the County Planning Commission.

Sewage facilities planning modules. The Board of Supervisors shall concurrently make its decision on the sewage facilities planning module; and, if approval is granted, the completed sewage planning documents shall be forwarded to the Pennsylvania Department of Environmental Protection. Land development plan approval shall be conditional upon Department of Environmental Protection sewage planning approval.

Highway occupancy permit. If a highway occupancy permit shall be required for access to a Township or state road, approval of the land development plan shall be conditional upon the issuance of a highway occupancy permit by the Township or PA DOT, as the case may be.

Soil erosion and sedimentation control. Approval of the land development plan shall be conditional upon the approval of the soil erosion and sedimentation control plan by the Carbon County Conservation District and the issuance of any associated permits.

Public hearing. The Planning Commission or the Board of Supervisors may conduct a public hearing on the proposed land development plan pursuant to public notice.

Authorization to proceed with land development or to provide a financial guarantee. Following any approval granted pursuant to § 153-21C(2) and when all requirements and conditions have been fulfilled by the applicant to satisfy any conditional approval, the Board of Supervisors shall provide to the applicant a letter authorizing the applicant to proceed with site development and construction in accord with the approved plan. In lieu of constructing the improvements, the applicant may provide a financial guarantee in accord with Article V.

Final approval; signature of land development plan. The Board of Supervisors shall not sign the land development plan until such time as all the improvements shown on the land development plan have been installed by the applicant and have been verified as complete by the Township Engineer; or a performance guarantee has been provided by the applicant pursuant to § 153-38. When all these requirements and conditions have been fulfilled by the applicant, the Board of Supervisors shall endorse the land development plan for recording purposes.

Applicant's duty to record the final land development plan.

Deadline. The applicant shall record the approved final plan with the Carbon County Recorder of Deeds within 90 calendar days of the date of endorsement by the Board of Supervisors.

Notification. The applicant shall notify the Board of Supervisors in writing of the date of such recording and the plan book and page wherein such plan is recorded.

Failure to record. If the plan is not recorded within the required time period, the approval shall lapse and become void.

As-built plans. Upon the completion of all improvements, the applicant shall provide to the Township plans certified by the applicant's engineer showing all such improvements as installed. Failure of the applicant to provide the as-built plans shall constitute a violation of this chapter and shall be subject to all the enforcement proceedings contained in this chapter.

Certificate of conformance. No use of land or structure within the land development shall be initiated until such time as a certificate of conformance has been issued by the Board of Supervisors for the land and structure(s) in accord with this chapter. In cases where a financial guarantee for final approval has been provided in lieu of the construction of improvements, no certificate of conformance shall be issued until such time as all the improvements shown on the land development plan have been installed by the applicant and have been certified as complete by the applicant's engineer and verified by the Township Engineer pursuant to § 153-39, and as-built plans have been provided by the applicant.

Time extension. The time period for review of the plan may be extended by mutual agreement of the applicant and the Board of Supervisors; and any such agreement shall be in writing.

§ 153-22 Plans for minor residential land developments.

The intent of this § 153-22 is to simplify the review and approval procedure for minor residential land developments. Preliminary plans for minor residential land development shall not be required; however, a final plan shall be submitted to the Township and be processed in accord with this § 153-22.

Minor residential land development criteria. A land development may be considered a minor residential land development for the purposes of this chapter provided said development does not involve more than two dwelling units or is not by definition considered a major subdivision. Multifamily dwellings, mobile home parks, and campgrounds and recreational vehicle parks shall not qualify as Minor Land Developments.

Procedure and other requirements. Minor residential land development plans shall be processed in accord with the requirements for minor subdivisions in § 153-20. All information and design requirements of this chapter applicable to land developments shall also apply to minor residential land developments except as provided in this § 153-22. The Board of Supervisors may, based upon the character of the project and site conditions, waive the applicability of any or all of the land development requirements including the requirement for a survey of the project parcel.

Minor residential land development determination.

Request to be filed with the Planning Commission. The request for minor residential land development determination shall be submitted to the Township Administrator by the applicant or his authorized representative in writing at least 15 calendar days prior to the Planning Commission meeting which the applicant will attend. The request shall contain such information as may be necessary for the Township to determine the minor land development status of the proposed project in accord with this § 153-22. The Township shall have the right to require any additional information deemed necessary.

Status of application for minor residential land development determination. The application for minor residential land development determination shall not constitute a formal land development submission and shall not initiate the ninety-day review period normally required for land developments.

Determination of minor residential land development. The Planning Commission shall determine the minor residential land development status of the application in accord with the criteria in this § 153-22 and report their determination regarding the same to the applicant.

In cases where the Planning Commission determines that the proposed development does meet the requirements for a minor residential land development, the information required for the application shall be submitted in accord with § 153-22D.

If the Planning Commission determines that the subject development does not meet the criteria for a minor residential land development, said development shall be considered a regular land development governed by § 153-21 and the information required for the application shall be submitted in accord with all the applicable sections of this chapter and all other applicable requirements.

Minor residential land development application information. The plan requirements in § 153-20 for minor subdivisions shall apply to minor residential land development plans. However, the Township may require any additional information necessary as site specific conditions dictate to determine compliance with this chapter and any other requirements. A survey of the parcel of property containing the proposed minor residential land development shall generally not be required; however, the Township shall have the right to require a survey by a registered surveyor in cases where circumstances dictate the need for same to assure compliance with applicable requirements. The Township shall also have the right to apply any of the standards and requirements contained in this chapter.

§ 153-23 Lot improvement subdivisions.

Procedure. This § 153-23A shall apply to all lot improvement subdivisions.

The subdivision shall be submitted and processed in accord with § 153-20 for minor subdivisions.

A new map for such lot improvements shall be required in accord with § 153-31A for minor subdivisions.

The applicable notes listed in § 153-30C(2) shall be included on the map.

The combination language shall also be included in the deed from the grantor to the grantee and made binding on the combined parcel(s) of the grantee via articles of restrictive covenants.

Easements and rights-of-way of record. No lot improvement subdivision shall have the effect of altering, redefining or extinguishing any easement of record or any right-of-way of record existing on or over subject property.

Applicant's duty to record the lot improvement. All documents to be recorded to effect any lot improvement subdivision shall be in such form as approved by the Board of Supervisors with the recommendation of the Township Solicitor.

Deadline. The applicant shall record the approved final plan and corresponding deed with the Carbon County Recorder of Deeds within 90 calendar days of the date of endorsement by the Board of Supervisors.

Notification. The applicant shall notify the Board of Supervisors in writing of the date of such recording and the plan book and page wherein such plan is recorded and provide a copy of the corresponding recorded deed.

Failure to record. If the plan and deed are not recorded within the required time period, the approval shall lapse and become void.

§ 153-24 Subdivision from large parcel.

Parent parcel. As determined by the Township Engineer, a survey of the parent parcel in a subdivision may not be required provided:

The parent parcel when subdivided remains 10 acres or more in size.