A.
Required plans.
(1)
Preliminary and final plans and required fees and
supporting data for all proposed subdivisions and land developments
of land lying within the Borough limits shall be submitted by the
subdivider to the Commission for review.
(2)
In addition, the subdivider may prepare a sketch plan
for informal discussion with the Commission prior to submitting the
official preliminary plan for review. This plan shall be for the purpose
of establishing in advance, if possible, the extent to which the proposed
subdivision or land development conforms with the design standards
of this chapter.
B.
County and agency reviews.
[Amended 6-9-2022 by Ord. No. 2022-04]
(1)
The subdivider/developer/applicant shall
submit plans (the number of plans to be submitted shall be determined
by each of the following), all supplemental material relevant to said
agency, and required fees to the following agencies where applicable.
(2)
The submittal to these agencies must be
made simultaneous with the submission to the Borough Planning Commission.
Approval of any subdivision or land development application cannot
be issued until comments from the County Planning Commission are received
or until the expiration of 30 days from the date the application was
forwarded to the County Planning Commission.
C.
Consideration of plans. Subdivision and land development
plans and supporting data submitted to the Planning Commission will
be considered at the Commission's next regularly scheduled meeting,
provided that they are received at least 10 calendar days in advance
of said meeting.
D.
Decision and notification of subdivider. The Planning
Commission shall render its decision on the submitted plan and communicate
it to the subdivider not later than 90 days following the date of
the regular meeting of the Planning Commission next following the
date the application is filed or after a final order of court remanding
an application, provided that should the said next regular meeting
occur more than 30 days following the filing of the application or
the final order of the court, said ninety-day period shall be measured
from the 30th day following the day the application has been filed.
The decision of the Planning Commission shall be in writing and shall
be communicated to the subdivider personally, or mailed to him at
his last known address, not later than 15 days following the decision.[1]
E.
Public hearing. Before acting on any preliminary or
final plan, the Commission may hold a public hearing thereon after
public notice.
F.
Preliminary plan. Except for any sketch plan which is submitted, the initial plan filed with the Commission for review shall be considered the official preliminary plan. Said preliminary plan shall be reviewed to determine compliance with these regulations and said plan shall be approved, approved with conditions or rejected or disapproved and the subdivider notified accordingly. However, the Commission may proceed to final action at the first consideration of a plan for a small subdivision containing no new streets, in accordance with the procedure set forth in § 390-11.
G.
Final plan. After approval of the preliminary plan,
the final plan for the entire subdivision or land development or a
final plan for a section or stage of development which has been prepared
in accordance with the approved preliminary plan shall be submitted
by the subdivider to the Commission. Said final plan shall be reviewed
to determine compliance with these regulations and said plan shall
be approved, approved with conditions, rejected or disapproved and
the subdivider notified accordingly.[2]
H.
Recording of final plan. Upon the approval of a final
plan, the subdivider shall within 90 days of such final approval or
90 days after the date of delivery of an approved plan signed by the
governing body following completion of conditions imposed for such
approval, whichever is later, record such plan in the office of the
Recorder of Deeds of Carbon County.[3]
A.
Fees to defray the cost of subdivision plan reviews
shall be paid to the order of the Borough of Jim Thorpe in accordance
with a schedule of fees and charges established by resolution of the
Council of the Borough of Jim Thorpe.
B.
A receipt shall be issued by the Borough at the time
of collection of any fees and the date of receipt shall also be the
effective date of the filing of the plan application.
C.
Review fees.
(1)
Review fees shall include the reasonable and necessary
charges by the Borough's professional consultants or engineer for
review and report to the Borough, and shall be set by resolution.
Such review fees shall be reasonable and in accordance with the ordinary
and customary charges by the Borough Engineer or consultant for similar
service in the community, but in no event shall the fees exceed the
rate or cost charged by the engineer or consultant to the Borough
when fees are not reimbursed or otherwise imposed on applicants. Review
fees shall also include a reasonable amount to reimburse the Borough
for the cost of any publication regarding the sewage facilities plan
of the Borough required by the Pennsylvania Sewage Facilities Act
as a result of plan submission by the applicant unless the applicant
agrees to publish the required advertisement and guarantees payment
for such publication.
(2)
In the event the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing
date, notify the Borough that such fees are disputed, in which case
the Borough shall not delay or disapprove a subdivision or land development
application due to the applicant's request over disputed fees.
(3)
In the event that the Borough and the applicant cannot
agree on the amount of review fees which are reasonable and necessary,
then the fees shall be recalculated and recertified by another professional
engineer licensed as such in this Commonwealth and chosen mutually
by the Borough and the applicant or developer. The estimate certified
by the mutually chosen engineer shall be presumed fair and reasonable
and shall be the final estimate. When it is necessary for an engineer
to be so chosen, fees for the services of said engineer shall be paid
equally by the Borough and the applicant or developer.
Sketch plans are not required by this chapter
but it is recommended that the subdivider submit such a plan in order
to establish, at an early stage in the planning of the subdivision
or land development, the basic conditions required for the approval
of a preliminary and a final plan.
A.
Preliminary plan.
(1)
Preliminary plans and supporting data shall comply with the provisions of Article VI of this chapter.
(2)
Six copies of the preliminary plan shall be submitted
by the subdivider to the Borough Secretary, who shall act as the official
representative of the Commission. Additional copies may be requested
if required for submittal or reference to other appropriate agencies.
(3)
The Borough Secretary shall transmit copies of the
preliminary plan and supporting data to the:
(a)
Commission Chairman: two copies.
(b)
Mayor and Borough Council: one copy.
(c)
Borough Engineer: one copy.
(d)
County Planning Commission: two copies.
(e)
Other appropriate agencies: as required.
[1]
The other appropriate agencies referred to above
shall be determined by the Commission and they may include the Pennsylvania
Department of Environmental Protection, the Pennsylvania Department
of Transportation, the U.S. Natural Resources Conservation Service
and other agencies affected by or having an interest in the plan.
(4)
The preliminary plan shall be reviewed by the Commission
and official action shall be taken after receipt of comments and advice,
if any, from the County Planning Commission and from any other appropriate
agency. Such action shall include approval of the preliminary plan
as submitted, approval or request for revisions, subject to changes,
conditions or modifications imposed by the Commission, or rejection
or disapproval of the plan.
(5)
The official action and decision of the Commission
shall be in writing and shall be forwarded to the subdivider personally
or mailed to him at his last known address, not later than 15 days
following such action. In the case of a rejection or disapproval of
the plan, the Commission shall specify the defects of the plan and
the requirements of this chapter which have not been complied with.
(6)
Approval of the preliminary plan, subject to conditions,
revisions and modifications as stipulated by the Commission, shall
constitute conditional Commission approval of the subdivision as to
the character and intensity of the development and the general layout
and appropriate dimensions of streets, lots, and other proposed features,
and such approval shall entitle the subdivider to submit plans for
final review and to completion of the subdivision within a period
of five years from the date of such preliminary approval, provided
that final approval has been granted by the Commission.
B.
Final plan.
(1)
A final plan with supporting data shall be submitted
within one year after Commission action on the preliminary plan; provided
that an extension of time may be granted by the Commission upon written
request. Otherwise, the plan submitted may be considered as a new
preliminary plan.
(2)
The final plan shall conform in all important respects
with the preliminary plan as previously reviewed by the Commission
and shall incorporate all modifications and revisions specified by
the Commission in its conditional approval of the preliminary plan.
The Commission may accept a final plan which has been modified to
reflect changing conditions since the time of preliminary plan review.
Otherwise, the plan shall be considered as a revised preliminary plan.
(3)
The Commission may permit submission of the final
plan in sections or stages, each covering a portion of the entire
proposed subdivision as shown on the preliminary plan. The Commission
may require that any section or stage not completed within five years
from the date of preliminary plan approval may require a new preliminary
plan submission to reflect changing conditions or legal requirements
which may affect the subdivision or land development.
(5)
Six copies of the final plan with supporting data
shall be submitted to the Borough Secretary. Additional copies may
be requested if required for submittal or reference to other appropriate
agencies. The Borough Secretary shall transmit copies of the plan
to:
(6)
The final plan shall be reviewed by the Commission
and official action and a decision taken after receipt of comments
and advice from the County Planning Commission and from any other
appropriate agencies. Such action shall include approval, approval
with conditions or disapproval, with reasons for disapproval specifically
stated. Approval by the Commission shall in all cases be subject to
the final agreement and approval by Borough Council and an agreement
on the part of the Borough Council to accept dedication of proposed
rights-of-way and public areas and proposed improvements and to execute
the proposed development agreement required herein. No plan shall
be finally approved which does not have sewage facilities planning
approval or to which a condition for such approval has not been attached
for final plat approval and such approval or condition conforms to
state law.
(7)
The official action and decision of the Commission
shall be completed within 50 days of receipt of the final plan and
said action shall be in writing and shall be forwarded to the subdivider
personally or to his last known address not later than 15 days following
such action. A copy of said notification shall be sent to the Borough
Council. In the case of a rejection or disapproval of the plan, the
Commission shall specify the defects of the plan and the requirements
of this chapter which have not been complied with.
(8)
Upon receipt of the final plan from the Commission,
the Council may arrange for a public hearing after giving proper public
notice, or may take final action on the plan at a legally scheduled
meeting. Disapproval of the final plan by Council shall be by resolution,
giving the reasons therefor. Failure of the Council to take final
action on the plan within 40 days of receipt from the Commission shall
constitute Council approval of the plan, except that all final action
on the plan shall not exceed 90 days after the date the final plan,
together with all required supporting data, is filed with the Borough
Secretary.
(9)
When both the Planning Commission and the Council
have approved the final plan, the Borough and the Planning Commission
shall endorse two copies of the final plan to that effect. One copy
of the endorsed final plan shall be kept in the Commission files and
the other returned to the subdivider. Additional copies may be endorsed
to meet the needs of the subdivider and other agencies.
A.
Upon the approval of a final plat, the developer shall
within 90 days of such final approval record such plat in the office
of the Recorder of Deeds of Carbon County. The Recorder of Deeds shall
not accept any plat for recording unless such plat officially notes
the approval of the Borough Council, and review by the county planning
agency, if one exists.
B.
The recording of the plat shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plat.
After a plat has been approved and recorded
as provided in this chapter, all streets and public grounds on such
plat shall be, and become a part of the Official Map of the Borough
without public hearing.
A simplified procedure for the submission and approval of subdivision, and development plans may be utilized whenever the subdivider of a small subdivision and land development (defined as three lots or less or less than three acres in size and not involving the provision of any new streets, easements for access or other public improvements) elects to omit the preliminary plan application review set forth above. In such a case the subdivider shall submit the final plan application which shall be processed in accordance with the requirements of § 390-8. Said final plan application, if it does not require any alteration or modification, may be approved by the Planning Commission and the Borough Council. However, in the event that a modification or condition for approval is required, as determined by the Commission, then the plan shall be considered to be a preliminary plan and a new final plan application incorporating the required conditions or modifications shall be submitted.
The following are exempt or partially exempt
from the provisions of this chapter:
A.
The conversion of an existing single-family detached
dwelling or singl- family semidetached dwelling into not more than
three residential units, unless such units are intended to be a condominium;
B.
The addition of an accessory building, including farm
buildings, on a lot or lots subordinate to an existing principal building;
or
C.
The addition or conversion of buildings or rides with
the confines of an enterprise which would be considered an amusement
park. For purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
