Outline of Procedure — Minor Subdivisions
A.
Submission of sketch plan showing general concept, (optional, but very strongly encouraged).
B.
Submission of application form and minor plan showing proposal in detail.
C.
Review by non-Borough agencies.
D.
Review and recommendation by Borough Planning Commission.
E.
Review and action by Borough Council on minor plan.
Outline of Procedure — Major Subdivisions and Land Developments
A.
Submission of sketch plan showing general concept, (optional, but very strongly encouraged).
B.
Submission of application form and preliminary/final plan showing proposal in detail.
C.
Review by non-Borough agencies.
D.
Review and recommendation by Borough Planning Commission.
E.
Review and action by Borough Council on preliminary plan.
F.
Obtain permits and fulfill preliminary plan conditions.
G.
Submit final plan with detailed engineering.
H.
Review of final plan by Borough Planning Commission and recommendation.
I.
Submission of development agreement.
Financial Security Posted
J.
Posting of financial security for completion of improvements.
K.
Review and action by Borough Council on final plan.
L.
Recording of final plan.
M.
Verification by Borough Engineer of completed improvements.
N.
Submission of as-built plan.
O.
Dedication of improvements to Borough (if applicable).
Improvements Constructed
J.
Completion of improvements.
K.
Verification by Borough Engineer of completed Improvements.
L.
Review and action by Borough Council on final plan.
M.
Recording of final plan.
N.
Submission of as-built plan.
O.
Dedication of improvements to Borough (if applicable).
Sketch
Preliminary
Final
Minor Subdivision
Optional, encouraged (§ 390-17)
Not required
Required (§ 390-20)
Major Subdivision
Optional, encouraged (§ 390-17)
Required (§ 390-18)
Required (§ 390-19)
Land Development
Optional, encouraged (§ 390-17)
Required (§ 390-18)
Required (§ 390-19)
Lot Consolidation/Reverse Subdivision and Lot Line Adjustment Subdivision
Optional, encouraged (§ 390-17)
Not required
Consolidation - deed only (§ 390-23A)
Adjustment - required (§ 390-23B)
All plans for subdivision and/or land development within the corporate limits of the Borough shall be submitted and reviewed as provided in this chapter and shall be approved or disapproved by the Borough in accord with the procedures specified in this chapter.
A. 
Required plans. Preliminary and final plans and required fees and supporting data for all proposed Major Subdivisions and land developments shall be provided by the applicant. A preliminary plan shall not be required for minor subdivisions. A sketch plan, as detailed in § 390-17, shall not be considered a required plan, but is strongly encouraged.
B. 
Requirement for plan filing. (Note: For the purposes of this chapter, the words day and days refer to calendar days.
(1) 
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 10 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 14 calendar 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.
(2) 
Folded plans. All plans submitted to the Borough shall be folded to a size which will fit into a standard filing cabinet.
(3) 
Electronic documents. In addition to the required number of paper copies, all filings shall include a digital copy with all documents in electronic format approved by the Borough.
(4) 
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.
C. 
Re-filing of plans.
(1) 
The re-filing of plans shall be done in the same manner and number as required for the initial filing.
(2) 
All revised plan submittals shall include a letter responding to any review comments and describing revisions made to the plan.
D. 
Attendance. The applicant or a duly authorized representative shall attend each Planning Commission and Borough Council meeting at which the application is on the agenda, or the application will be tabled.
E. 
Action. All minor, preliminary and final plans and all land development plans (but excluding combination of existing lots of record 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 Borough Council for approval, approval with conditions, or denial.
F. 
Field inspections.
(1) 
Landowner permission. It shall be implicit in any request for plan approval that the landowner automatically grants the Planning Commission, the Borough Council, or anyone designated by either body, the right to enter upon the area proposed for the subdivision or land development to become familiar with the property, making necessary observations or for any other reasonable and lawful purpose.
(2) 
Scheduling. The Planning Commission or Borough Council 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 Borough, accompany the Borough official or designated representative. To facilitate the inspection, the applicant shall have the approximate centerline(s) of any proposed streets marked with temporary stakes.
G. 
Recording final plans.
(1) 
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 Borough proof of recording within 105 days of the said approval/delivery.
(2) 
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 105-day period, the action of the Borough shall be deemed null and void and a re-submission of the plan shall be made to the Borough.
(3) 
Lot consolidation plans. In the case of lot consolidation 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 Borough shall be deemed null and void and a re-submission of the plan shall be made to the Borough.
A. 
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:
(1) 
Avoid costly revisions to detailed preliminary plans prepared before a consensus on the layout is reached with the Planning Commission.
(2) 
Identify the overall objectives of the applicant using a diagrammatic approach showing broad areas of development and broad areas of conservation.
(3) 
Determine if the plan is a major or a minor subdivision and/or land development.
(4) 
Assist applicants and officials to develop a better understanding of the property.
(5) 
Establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the zoning ordinance.
(6) 
Ensure that the plan generally conforms to the provisions of this chapter.
(7) 
Demonstrate compliance with any design parameters deemed necessary by the Borough for conformance to the Borough 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 § 390-28C, 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.
B. 
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/land development of all the contiguous lands belonging to the landowner to ensure that the subdivision/land development may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this § 390-17 shall not constitute approval of the future subdivision/land development shown thereon.
C. 
Nonformal 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 noted on the Plan and in the minutes of the Planning Commission.
D. 
Major subdivisions and land developments - sketch plans.
(1) 
Pre-application meeting. A pre-application meeting is encouraged between the applicant, the site designer, and the Planning Commission (and/or its planning consultant), to introduce the applicant to the Borough's zoning and subdivision and land development 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.
(2) 
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 § 390-28C. 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).
(3) 
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 Borough 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 Borough 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.
(4) 
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 § 390-46, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.
(5) 
Sketch plan review.
(a) 
Six copies of a sketch plan, meeting the requirements set forth in § 390-27 shall be delivered to the Administrator during business hours at least 14 calendar 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 § 390-46, and with the conservation open space standards listed in § 390-47.
(b) 
The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the Borough. 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:
[1] 
The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, storm water management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's existing resources and site analysis;
[2] 
The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;
[3] 
The location of proposed access points along the existing road network;
[4] 
The proposed building density and impervious coverage;
[5] 
The compatibility of the proposal with respect to the objectives and policy recommendations of the Borough Comprehensive Plan; and
[6] 
Consistency with the zoning ordinance.
All applications for preliminary plans for major subdivisions and land developments shall be filed with the Borough and processed in accord with this § 390-18.
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 § 390-17 specifically including the existing resources and site analysis, plus further details as required by this chapter.
Site inspection. If requested by the Planning Commission, a site inspection shall be arranged and conducted in accord with § 390-17D(3).
A. 
Official filing of preliminary plans.
(1) 
Plan to be filed with the Borough.
(a) 
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 14 calendar days prior to the Planning Commission meeting at which the applicant applies for the official date of preliminary plan submission
(b) 
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 14 calendar days prior to the meeting at which the applicant wishes to have those materials considered.
(c) 
Electronic documents. In addition to the required number of paper copies, all filings shall include one digital copy with all documents in an electronic format approved by the Borough.
(2) 
Number of copies to be filed. The filing of the preliminary plan shall include the following: (The Borough 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 Borough Council.)
(a) 
Eight completed copies of the subdivision/land development plan application.
(b) 
Eight full-size legible paper prints of the preliminary plan.
(c) 
Five copies of the required sewage planning module(s) and associated documentation.
(d) 
Three copies of all other required supporting data and information as required in Article IV.
(3) 
Preliminary plan filing fee. The Administrator shall collect a preliminary plan filing fee as established by resolution of the Borough Council for all subdivisions/land developments.
(a) 
Fees charged shall cover the costs listed in § 390-89C and other administrative expenses associated with the review of the subdivision/land development.
(b) 
The applicant shall pay the fee at the time of initial filing of the application to the Administrator.
(4) 
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.
(a) 
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:
[1] 
The Borough Planning Commission.
[2] 
The Borough Engineer.
[3] 
The Borough Solicitor.
[4] 
The Borough Sewage Enforcement Officer.
[5] 
The Borough Zoning Officer.
[6] 
Any other agency, engineer or consultant designated by the Borough.
Note: The developer will be required to submit the appropriate number of copies to the Carbon County Planning Commission and other applicable agencies with application fees.
(b) 
If the filing is not verified, the Administrator shall complete the plan filing verification, noting 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.
(c) 
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.
(5) 
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.
(a) 
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.
(b) 
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 and the Borough.
(c) 
If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 days following the date of filing verification established in accord with § 390-18A(4), the ninety-day review period shall be measured from the 30th day following the day of said filing verification.
(d) 
If the application is being filed after a final order of the court remanding the application to the Borough, the ninety-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 days following the final order of the court, the ninety-day review period shall be measured from the 30th day following the final order of the court.
(6) 
Distribution to other agencies. The applicant shall provide the Plan, and all required supporting documentation, to the Carbon County Planning Commission, the Carbon County Conservation District, PennDOT, and all other agencies.
B. 
Preliminary plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly filed preliminary plan to determine compliance with this chapter and act to reject, or recommend to the Borough Council denial, approval, or approval with conditions and modifications of such plan as provided in this § 390-18B. The Planning Commission shall communicate, in writing, its recommendation to the Borough Council, the applicant and other parties as appropriate.
(2) 
Borough Council review and action period. Upon the receipt of the Planning Commission's recommendation, the Borough Council shall make its decision regarding the preliminary plan and communicate, in writing, such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Borough review and action, including the written communication to the applicant, exceed 90 days from the official date of the preliminary plan submission as established pursuant to § 390-18A(5).
(3) 
Borough Council approval with conditions.
(a) 
When a preliminary plan is approved with conditions and/or modifications, such conditions and/or modifications shall be expressly included in the minutes of the Borough Council meeting at which the preliminary plan is considered and shall be communicated, in writing, to the applicant as provided in § 390-18B(2). 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.
(b) 
In the event that the applicant does not agree and accept the conditions and/or modifications, in writing, within 15 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 re-filed as required by § 390-18, including a new filing fee.
(4) 
Borough Council 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 Borough Council meeting at which the preliminary plan is considered and communicated, in writing, to the applicant as provided in § 390-18B(2).
C. 
Reviewing agency and officials comments. The Planning Commission and the Borough Council may consider the comments and the recommendations provided pursuant to § 390-18A(6) and may request such additional information as deemed necessary.
D. 
Carbon County Planning Commission comments. No official action shall be taken by the Borough Council until it has received and considered the comments of the Carbon County Planning Commission or after 30 days following transmittal of the preliminary plan to the County Planning Commission.
E. 
Sewage facilities planning modules. The Borough Council 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.
F. 
Highway occupancy/driveway permit. If a permit is required for access to a Borough or state road, approval of the preliminary plan shall be conditional upon the issuance of a permit by the Borough or PA DOT.
G. 
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.
H. 
Public hearing. The Planning Commission or the Borough Council may conduct a public hearing on the proposed preliminary plan pursuant to public notice.
I. 
Time extension. The time for review of the plan may be extended by agreement of the applicant and the Borough, and any such agreement shall be in writing.
All final plans for major subdivisions and land developments shall be filed and processed in accord with this § 390-19.
A. 
Final plan application.
(1) 
An application for final plan approval can be filed only when the subdivision/land development has previously been granted an unconditional preliminary plan approval in accord with § 390-18 or all conditions established by the Borough Council for the preliminary plan approval have been fulfilled by the applicant.
(2) 
No final plan shall be approved until 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.
B. 
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 § 390-18. In accord with § 390-5 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 and land development 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.
C. 
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/land development as shown on the preliminary plan.
(1) 
Each section in the subdivision/land development, 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 Borough Council may approve a lesser percentage.
(2) 
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 Borough for approval prior to filing of the first section.
D. 
Official filing of final plans.
(1) 
Plan to be filed with the Borough.
(a) 
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 14 calendar days prior to the Planning Commission meeting at which the applicant applies for the official date of final plan submission.
(b) 
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 14 calendar days prior to the meeting at which the applicant wishes to have those materials considered.
(c) 
Electronic documents. In addition to the required number of paper copies, all filings shall include one digital copy with all documents in an electronic format approved by the Borough.
(2) 
Number of copies to be filed. The official filing of the final plan shall include the following: (The Borough 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 Borough Council.)
(a) 
Eight completed copies of the subdivision/land development plan review application
(b) 
Eight full-size 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.
(c) 
Five copies of all required sewage disposal approvals and/or permits from the Pennsylvania Department of Environmental Protection.
(d) 
Three copies of the applicable highway occupancy permit(s).
(e) 
Three copies of all other required supporting data and information as required in Article IV.
(3) 
Final plan filing fee. The Administrator shall collect a final plan filing fee as established by resolution of the Borough Council for all subdivisions and land developments.
(a) 
Fees charged shall cover the costs listed in § 390-89C and other administrative expenses associated with the review of the subdivision/land development.
(b) 
The applicant shall pay the fee at the time of initial submission of the application to the Administrator.
(4) 
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.
(a) 
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:
[1] 
The Borough Planning Commission.
[2] 
The Borough Engineer
[3] 
The Borough Solicitor.
[4] 
The Borough Sewage Enforcement Officer.
[5] 
The Borough Zoning Officer.
[6] 
Any other agency, engineer or consultant designated by the Borough.
Note: The developer will be required to submit the appropriate number of copies to the Carbon County Planning Commission and other applicable agencies with application fees.
(b) 
If the filing is not verified, the Administrator shall complete the plan filing verification, noting 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.
(c) 
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.
(5) 
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.
(a) 
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.
(b) 
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 final plan submission and forward said receipt to the applicant.
(c) 
If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 days following the date of filing verification established in accord with § 390-19D(4), the ninety-day review period shall be measured from the 30th day following the day of said filing verification.
(d) 
If the application is being filed after a final order of the court remanding the application to the Borough, the ninety-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 days following the final order of the court, the ninety-day review period shall be measured from the 30th day following the final order of the court.
(6) 
Distribution to other agencies. The applicant shall provide the Plan, and all required supporting documentation, to the Carbon County Planning Commission, the Carbon County Conservation District, PennDOT, and all other agencies.
E. 
Final plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly filed final plan to determine compliance with this chapter and act to reject, or recommend to the Borough Council denial, approval, or approval with conditions and modifications of such plan as provided in this § 390-19E. The Planning Commission shall communicate, in writing, its recommendation to the Borough Council, the applicant and other parties as appropriate.
(2) 
Borough Council review and action period. Upon the receipt of the Planning Commission's recommendation, the Borough Council shall make the decision regarding the final plan and communicate, in writing, such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Borough review and action, including the written communication to the applicant, exceed 90 days from the official date of the final plan submission as established pursuant to § 390-19D(5).
(3) 
Borough Council approval with conditions.
(a) 
When a final plan is approved with conditions and/or modifications, such conditions and/or modifications shall be expressly included in the minutes of the Borough Council meeting at which the final plan is considered and shall be communicated, in writing, to the applicant as provided in § 390-19E(2). 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.
(b) 
In the event that the applicant does not agree and accept the conditions and/or modifications, in writing, within 15 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 re-filed as required by § 390-19, including a new filing fee.
(4) 
Borough Council denials. When a final plan is denied by the Borough Council, the reasons for such denial, citing specific provisions of this chapter or other applicable statute, shall be expressly included in the minutes of the Borough Council meeting at which the final plan is considered and communicated, in writing, to the applicant as provided in § 390-19E(2).
F. 
Reviewing agency and officials comments. The Planning Commission and the Borough Council shall consider the comments and the recommendations provided pursuant to § 390-19D(6) and may request such additional information as deemed necessary.
G. 
Carbon County Planning Commission comments. No official action shall be taken by the Borough Council until it has received and considered the comments of the Carbon County Planning Commission or after 30 days following transmittal of the final plan to the County Planning Commission.
H. 
Public hearing. The Planning Commission or the Borough Council may conduct a public hearing on the proposed final plan pursuant to public notice.
I. 
Planned improvements. The Borough Council shall not approve or sign the final plan until all the improvements shown on the final plan have been installed by the developer and verified as complete by the Borough Engineer; or, a performance guarantee has been provided by the applicant pursuant to Article V.
J. 
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 Borough Council shall endorse the final plan for recording purposes and shall retain at least one endorsed print.
K. 
Applicant's duty to record the final plan.
(1) 
Deadline. The applicant shall record the approved final plan with the Carbon County Recorder of Deeds within 90 days of the date of endorsement by the Borough Council.
(2) 
Notification. The applicant shall notify the Borough Council in writing of the date of such recording and the plan book and page wherein such plan is recorded. A copy of the recorded plan and recording receipt shall be provided to the Borough.
(3) 
Failure to record. If the plan is not recorded within the required time the approval shall lapse and become void.
L. 
As-built plans. Upon the completion of all improvements, the applicant shall provide to the Borough 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.
M. 
Time extension. The time for review of the plan may be extended by agreement of the applicant and the Borough Council, and any such agreement shall be in writing.
Preliminary plans for minor subdivisions shall not be required. However, a final plan for all minor subdivisions shall be filed with the Borough and be processed in accord with this § 390-20.
A. 
Official filing of minor subdivision plans.
(1) 
Plan to be filed with the Borough.
(a) 
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 14 calendar days prior to the Planning Commission meeting at which the applicant applies for the official date of minor subdivision plan submission.
(b) 
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 14 calendar days prior to the meeting at which the applicant wishes to have those materials considered.
(c) 
Electronic documents. In addition to the required number of paper copies, all filings shall include one digital copy with all documents in an electronic format approved by the Borough.
(2) 
Number of copies to be provided. The official filing of the minor subdivision plan shall include the following: (The Borough 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 Borough Council.)
(a) 
Eight completed copies of the subdivision plan application.
(b) 
Eight full-size legible paper prints of the preliminary plan.
(c) 
Five copies of the required sewage planning module(s) and associated documentation.
(d) 
Three copies of all other required supporting data and information as required in Article IV.
(3) 
Minor subdivision plan filing fee. The Administrator shall collect a minor subdivision plan filing fee as established by resolution of the Borough Council for all subdivisions.
(a) 
Fees charged shall cover the costs listed in § 390-89C and other administrative expenses associated with the review of subdivision.
(b) 
The applicant shall pay the fee at the time of initial filing of the application to the Administrator.
(4) 
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.
(a) 
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:
[1] 
The Borough Planning Commission.
[2] 
The Borough Engineer.
[3] 
The Borough Solicitor.
[4] 
The Borough Sewage Enforcement Officer.
[5] 
The Borough Zoning Officer.
[6] 
Any other agency, engineer or consultant designated by the Borough.
Note: The developer will be required to submit the appropriate number of copies to the Carbon County Planning Commission and other applicable agencies with application fees.
(b) 
If the filing is not verified, the Administrator shall complete the plan filing verification, noting 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.
(c) 
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.
(5) 
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.
(a) 
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.
(b) 
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 minor subdivision plan submission and forward said receipt to the applicant.
(c) 
If the first meeting of the Planning Commission following the date of filing verification occurs more than 30 days following the date of filing verification established in accord with § 390-20A(4), the ninety-day review period shall be measured from the 30th day following the day of said filing verification.
(d) 
If the application is being filed after a final order of the court remanding the application to the Borough, the ninety-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 days following the final order of the court, the ninety-day review period shall be measured from the 30th day following the final order of the court.
(6) 
Distribution to other agencies. The applicant shall provide the Plan, and all required supporting documentation, to the Carbon County Planning Commission, the Carbon County Conservation District, PennDOT, and all other agencies.
B. 
Minor subdivision plan review and action.
(1) 
Planning Commission review and action period. The Planning Commission shall review the properly filed minor subdivision plan to determine compliance with this chapter and act to reject, or recommend to the Borough Council denial, approval, or approval with conditions and modifications of such plan as provided in this § 390-20B. The Planning Commission shall communicate, in writing, its recommendation to the Borough Council, the applicant and other parties as appropriate.
(2) 
Borough Council review and action period. Upon the receipt of the Planning Commission's recommendation, the Borough Council shall make its decision regarding the minor subdivision plan and communicate, in writing, such decision to the applicant within 15 days of when the decision is made. However, in no case shall the period for Borough review and action, including the written communication to the applicant, exceed 90 days from the official date of the minor subdivision plan submission as established pursuant to § 390-20A(5).
(3) 
Borough Council approval with conditions.
(a) 
When a minor plan is approved with conditions and/or modifications, such conditions and/or modifications shall be expressly included in the minutes of the Borough Council meeting at which the minor plan is considered and shall be communicated, in writing, to the applicant as provided in § 390-20B(2). 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.
(b) 
In the event that a minor plan has been approved subject to any conditions and/or modifications and the applicant does not agree and accept the conditions and/or modifications, in writing, within 15 days of receipt of said written notice, the said conditional approval of the minor plan shall become an automatic disapproval and the said plan may be re-filed as required by § 390-20, 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.
(4) 
Borough Council 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 Borough Council meeting at which the minor subdivision plan is considered and communicated, in writing, to the applicant as provided in § 390-20B(2).
C. 
Reviewing agency and officials comments. The Planning Commission and the Borough Council shall consider the comments and the recommendations pursuant to § 390-20A(6) and may request such additional information as deemed necessary.
D. 
Carbon County Planning Commission comments. No official action shall be taken by the Borough Council until it has received and considered the comments of the Carbon County Planning Commission or after 30 days following transmittal of the minor subdivision plan to the County Planning Commission.
E. 
Sewage facilities planning modules. The Borough Council 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.
F. 
Highway occupancy permit. If a highway occupancy permit shall be required for access to a Borough or state road, approval of the minor subdivision plan shall be conditional upon the issuance of a highway occupancy permit by the Borough or PA DOT.
G. 
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.
H. 
Public hearing. The Planning Commission or the Borough Council may conduct a public hearing on the proposed minor subdivision plan pursuant to public notice.
I. 
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 Borough Council shall endorse the minor subdivision plan for recording purposes and shall retain at least one endorsed print.
J. 
Applicant's duty to record the final minor plan.
(1) 
Deadline. The applicant shall record the approved final plan with the Carbon County Recorder of Deeds within 90 days of the date of endorsement by the Borough Council.
(2) 
Notification. The applicant shall notify the Borough Council in writing of the date of such recording and the plan book and page wherein such plan is recorded. A copy of the recorded plan and recording receipt shall be provided to the Borough.
(3) 
Failure to record. If the plan is not recorded within the required time, the approval shall lapse and become void.
K. 
Time extension. The time for review of the plan may be extended by agreement of the applicant and the Borough Council, and any such agreement shall be in writing.
The intent of this § 390-22 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 Borough and be processed in accord with this § 390-22.
A. 
Minor residential land development criteria.
(1) 
A land development may be considered 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.
(2) 
The dwellings shall be arranged to enable a subdivision in compliance with most current standards.
(3) 
multifamily dwellings, mobile home parks, and campgrounds and recreational vehicle parks shall not qualify as minor land developments.
B. 
Procedure and other requirements. Minor residential land development plans shall be processed in accord with the requirements for minor subdivisions in § 390-20. 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 § 390-22. The Borough Council may, based upon the character of the project and site conditions, waive the applicability of any or all the land development requirements, including the requirement for a survey of the project parcel.
C. 
Minor residential land development determination.
(1) 
Request to be filed with the Planning Commission. The request for minor residential land development determination shall be submitted to the Borough Administrator by the applicant or his authorized representative in writing at least 14 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 Borough to determine the minor land development status of the proposed project in accord with this § 390-22. The Borough shall have the right to require any additional information deemed necessary.
(2) 
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.
(3) 
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 § 390-22 and report their determination regarding the same to the applicant.
(a) 
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 § 390-22D.
(b) 
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 § 390-18 and § 390-19 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.
D. 
Minor residential land development application information. The plan requirements in § 390-20 for minor subdivisions shall apply to minor residential land development plans. However, the Borough 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 Borough 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 Borough shall also have the right to apply any of the standards and requirements contained in this chapter.
A. 
Lot consolidation and reverse subdivision. Lot consolidation and reverse subdivisions may be submitted directly to the Borough Planning Commission and Borough Council subject to the following procedure:
(1) 
The applicant shall certify to the Planning Commission and Borough Council that the subject lots are shown on a map on record.
(2) 
A new survey on that map shall not be required unless the Borough Planning Commission or Borough Council determine such map is required for any just cause in which case the subdivision process under the terms of this Ordinance shall be applicable.
(3) 
The lot consolidation shall be executed by a deed from the lot owner(s) to themselves clearly stating the intent of the deed transfers to combine two or more Lots into a single parcel.
(4) 
The lot consolidation deed shall be in such form as required by the Borough Council upon the recommendation by the Borough Solicitor and shall include:
(a) 
Reference to the lot numbers of the subject lots.
(b) 
A plat book and page number where the map is recorded.
(c) 
The new revised Lot numbers.
(d) 
Language restricting the sale or transfer of the individual lots being combined. That is, the lots when combined shall not be later subdivided without application to the Borough Planning Commission and Borough Council in compliance with the Borough Subdivision and Land Development Ordinance.
(e) 
At least one of the two lots being combined must be vacant. Conversely, no more than one of the combined Lots shall be improved.
(5) 
The approved deed shall be recorded in the Carbon County Recorder of Deeds within 90 days of the approval by Borough Council. If the approved deed is not recorded within 90 days as required, the applicant shall not be permitted to record the deed without further approval from Borough Council.
(6) 
The new lot revised tax parcel number assigned by the Tax Assessment and/or GIS Mapping Office shall be referenced on the deed before recording in the Carbon County Recorder of Deeds Office.
(7) 
In order to enable the applicant to record the deed, the applicant shall obtain a letter from the Borough Manager or Borough Secretary indicating that the Borough Planning Commission and Borough Council have approved the lot consolidation, and the deed may be recorded without further compliance with the Borough Subdivision and Land Development Ordinance.
B. 
Lot line adjustments. Lot line adjustment subdivisions which involve the creation of new or reconfigured lot lines shall require a new subdivision map and shall be processed in the manner set forth in § 390-20 for minor subdivisions; however, sewage planning modules may not be required unless additional, new sewage disposal areas are proposed. The applicable notes listed in § 390-30C shall be included on the map, and the combination language shall also be included in the deed from the grantor to the grantee and shall also be made binding on the combined parcel(s) of the grantee via articles of restrictive covenants.
C. 
Easements and rights-of-way of record. No lot line adjustment 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.
A. 
Parent parcel. As determined by the Borough Engineer, a survey of the parent parcel in a subdivision may not be required provided:
(1) 
The parent parcel, when subdivided, remains 10 acres or more in size.
(2) 
The applicant can demonstrate that an adequate description of the parent parcel is on record which may be a recorded survey map or recorded deed description.
B. 
Subdivided parcels. All parcel(s) subdivided from the parent parcel shall be surveyed and platted in accord with all the requirements of this chapter.
C. 
Other ordinance provisions. The subdivision shall in all other respects comply with this chapter.
In accord with § 502.1(b) of the MPC, the governing body of any municipality contiguous to the Borough may appear before the Planning Commission and/or the Borough Council to comment on a proposed subdivision, change of land use, or land development.