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Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[Amended 9-17-1990 by Ord. No. 566]
A. 
Sketch plan. Review materials and fees may be submitted to the Code Enforcement Officer or his designee for discussion with the Borough Planning Commission as to the suitability of a parcel of land for a specific subdivision or land development use and for direction or advice from the Borough Planning Commission. The feasibility review materials shall be submitted to the Borough Engineer and the Lehigh Valley Planning Commission for review.
B. 
Preliminary plan. Plans, supplementary data and fees shall be submitted to the Code Enforcement Officer or his designee for distribution to various review bodies. All reviews shall be submitted to the Borough Planning Commission, which shall review the plan and recommend action to the Borough Council. The Borough Council shall take action and advise the applicant in writing of its decision.
C. 
Final plan. Plans, supplementary data, and fees shall be submitted to the Code Enforcement Officer or his designee for distribution to various review bodies. Unless an extension has been granted in writing from the Borough Council, the final plan shall be submitted within two years of preliminary plan approval. All reviews shall be submitted to the Borough Planning Commission, which shall review the plan and recommend action to the Borough Council. The Borough Council shall take action on the plan and advise the applicant in writing of its decision. As a condition of approval, the applicant shall enter into improvements and maintenance agreements with the Borough Council. No permits shall be issued until said agreements have been executed and secured to the satisfaction of the Borough Solicitor and until the approved final plan has been recorded in the Northampton County Recorder of Deeds Office.
A. 
Sketch plan maps and materials may be submitted for proposed subdivisions and land developments for purpose of discussion between the Borough Planning Commission and the developer, and for the review of the Lehigh Valley Planning Commission of Lehigh and Northampton Counties.
B. 
Seven copies of all sketch plans and materials, as set forth in § 390-16, shall be submitted to the Code Enforcement Officer or his designee.
C. 
The Code Enforcement Officer or his designee shall refer three copies of sketch plan maps and materials to the Borough Planning Commission for its review and recommendations.
D. 
The Code Enforcement Officer or his designee shall refer one copy of feasibility review maps and materials to the Lehigh Valley Planning Commission for review and recommendations.
A. 
When sketch plan maps and materials have been submitted to the Borough Planning Commission, the data presented will be reviewed by that body at its next regular meeting, provided that submission has occurred no less than seven days prior to such scheduled meeting.
B. 
The Borough Planning Commission shall review the data to determine the development potential of the site. The general development concepts of the developer will be reviewed to determine their compatibility with relevant plans and ordinances. Also, the sketch plan stage is designed to offer the developer an opportunity to informally discuss his plans for the proposed subdivision or land development with the Borough Planning Commission.
C. 
No recommendations shall be made by the Borough Planning Commission until the Commission has received and considered the written report of the Lehigh Valley Planning Commission of Lehigh and Northampton Counties or until 45 days have passed from the date that the plans were forwarded to the LVPC.
D. 
Within 60 days of submission of sketch plan maps and materials to the Borough Planning Commission, the Commission shall make any recommendations to the developer which it deems necessary or advisable in the public interest in order to provide an acceptable subdivision or land development plan for the site. Within 15 days after such meeting, the Secretary of the Planning Commission shall send written notice of the Commission's recommendations to the following:
(1) 
The developer or his representative.
(2) 
The Borough Council.
(3) 
The Code Enforcement Officer or his designee.
A. 
Preliminary plans and all supplementary data for all proposed subdivisions and land developments shall be submitted to the Code Enforcement Officer or his designee.
B. 
The Code Enforcement Officer or his designee shall issue a receipt for a preliminary plan submission after he has determined that the submission includes the required plans and supporting documents as specified by this chapter.
C. 
Official submission of a preliminary plan to the Code Enforcement Officer or his designee by a developer shall comprise:
(1) 
One copy of a completed application for review of preliminary subdivision plans.
(2) 
Submission of 16 black-on-white prints on paper of the preliminary plan, which shall fully comply with the provisions of this chapter as set forth in § 390-17B.
[Amended 9-17-2012 by Ord. No. 775]
(3) 
Submission of 16 copies of all required supplemental information as set forth in § 390-17A.
[Amended 9-17-2012 by Ord. No. 775]
(4) 
Proof of plan submission to Lehigh Valley Planning Commission and the Borough Authority, and if required, PennDOT and/or Northampton County Conservation District.
[Added 9-17-2012 by Ord. No. 775]
D. 
The Code Enforcement Officer or his designee shall refer preliminary plan submission materials to the various review bodies as follows:
(1) 
One application, five plan prints and five copies of the supplemental information to the Borough Planning Commission.
[Amended 9-17-2012 by Ord. No. 775]
(2) 
One application, one plan print and one copy of the supplemental information to the Borough Engineer.
(3) 
One application, seven plan print and seven copies of the supplemental information to the Borough Council.
[Amended 9-17-2012 by Ord. No. 775[1]]
[1]
Editor's Note: This ordinance also repealed original Section 334.5, regarding copies of supplemental information to the Lehigh Valley Planning Commission, which immediately followed this subsection.
(4) 
One application and one plan print and one copy of the supplemental information to the Code Enforcement Officer or his designee.
(5) 
Whenever a proposed subdivision or land development is located adjacent to another municipality, one application and one plan print shall be referred to that municipality.
(6) 
One application and one plan print and one copy of any supplemental information to the Hellertown Borough Authority.
[Added 12-17-2007 by Ord. No. 709]
E. 
Notice. An applicant who elects to apply the Flexible Redevelopment Overlay (FRO) to a parcel of land or set of contiguous parcels of land within an area designated on the Zoning Map which permits a Flexible Redevelopment Overlay shall be required to provide written notice of the public meeting before the Hellertown Planning Commission and Hellertown Borough Council on the applicant's request to apply the Flexible Redevelopment Overlay District at least 15 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within a radius of 500 feet of the property. The notice shall include the location, date and time of the public meeting. A good-faith effort and substantial compliance shall satisfy the notice requirements of this Subsection E.
[Added 8-20-2012 by Ord. No. 771]
[Amended 9-17-1990 by Ord. No. 566]
A. 
By the Borough Planning Commission.
(1) 
When a preliminary plan has been officially submitted, such plan shall be placed on the agenda of the Planning Commission for review at its next regular monthly meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the preliminary plan at this time.
[Amended 12-2-2013 by Ord. No. 783]
(2) 
The Planning Commission shall review the preliminary plan to determine its conformance with the standards contained in this chapter and other applicable Borough ordinances and shall require or recommend such changes and modifications as it deems necessary.
(3) 
No action shall be taken by the Borough Planning Commission with respect to a preliminary plan until the Borough Planning Commission has received and considered the written report of the Lehigh Valley Planning Commission; provided, however, that, if the Lehigh Valley Planning Commission shall fail to report thereon within 45 days after receipt of a preliminary plan, then the Borough Planning Commission may officially act without having received and considered such report.
(4) 
Within 60 days after the date of the regular meeting of the Planning Commission next following the date the preliminary plan application is submitted, the Planning Commission shall recommend to the Borough Council, in writing, that the preliminary plan be approved, conditionally approved or disapproved, together with the documented findings upon which the recommendations are based.
[Amended 12-2-2013 by Ord. No. 783]
B. 
By the Borough Council. Within 90 days following the date of the regular meeting of the Planning Commission or Borough Council next following the date of the application, the Borough Council shall, in accordance with the provisions of relevant ordinances and considering the recommendations of the Planning Commission, take action by approving, conditionally approving or disapproving the preliminary plan. The exception to this procedure shall occur when either a Planning Commission or Borough Council meeting is not scheduled within 30 days of the date of the application. In such cases, the actions by the Borough Council shall be within 120 days of the date of the application. The Borough Council, in all cases, shall document the action and the findings on which it is based within 15 days of the action to the:
(1) 
Applicant.
(2) 
Code Enforcement Officer or his designee.
(3) 
Borough Planning Commission.
(4) 
Borough Engineer.
A. 
Unless an extension has been granted in writing from the Borough Council, a final subdivision or land development plan and all required supplemental data shall be submitted to the Code Enforcement Officer or his designee within 24 months after approval of the preliminary plan. An extension of time may be granted by the Borough Council upon written request. Otherwise, the plan submitted may be considered as a new preliminary plan.
B. 
The final plan shall conform in all significant respects to the preliminary plan as previously reviewed by the Borough Planning Commission and approved by the Borough Council and shall incorporate all modifications required by the Borough Council in its preliminary plan approval. The Borough Planning Commission may, however, accept a final plan modified so as to reflect any substantial changes which have occurred on the site of the proposed subdivision, or in its surroundings, since the time of preliminary plan review.
C. 
The final plan may be submitted in sections or stages, each covering a reasonable portion of the entire proposed subdivision as shown on the reviewed preliminary plan, in accordance with the regulations set forth in § 390-17. In the case of the final subdivision or land development plan which is to be submitted in sections or stages over a period of years, the time between submission of application for final approval of each stage or section shall be no greater than 12 months.
D. 
Final plans and all required supplemental data set forth in § 390-18 for all proposed subdivisions and land developments shall be submitted to the Code Enforcement Officer or his designee. The Code Enforcement Officer or his designee shall issue a receipt for the final plan submission after it has been determined that the submission includes the required plans and supporting documents as specified by this chapter.
E. 
Official submission of a final plan to the Code Enforcement Officer or his designee by a developer shall comprise:
(1) 
One copy of a completed application for review of final subdivision plan.
(2) 
Submission of 16 black-on-white prints on paper of the final plan, which shall fully comply with the provisions of this chapter as set forth in § 390-18B.
[Amended 9-17-2012 by Ord. No. 775]
(3) 
Submission of 16 copies of all required supplemental information as set forth in § 390-18A.
[Amended 9-17-2012 by Ord. No. 775]
(4) 
Proof of plan submission to Lehigh Valley Planning Commission and the Borough Authority and, if required, PennDOT and/or Northampton County Conservation District.
[Added 9-17-2012 by Ord. No. 775]
F. 
The Code Enforcement Officer or his designee shall refer final plan submission materials to the various review bodies as follows:
(1) 
One application, five plan prints, and five copies of the supplemental information to the Borough Planning Commission.
[Amended 9-17-2012 by Ord. No. 775]
(2) 
One application, one plan print, and one copy of the supplemental information to the Borough Engineer.
(3) 
One application, seven plan prints, and seven copies of the supplemental information to the Borough Council.
[Amended 9-17-2012 by Ord. No. 775]
(4) 
One application, one plan print and one copy of the supplemental information to the Lehigh Valley Planning Commission of Lehigh-Northampton Counties.
(5) 
The Code Enforcement Officer or his designee shall retain one application, one plan print, and one copy of the supplemental information for the files.
(6) 
Whenever a proposed subdivision or land development is located adjacent to another municipality, one application and one plan print shall be referred to that municipality.
[Amended 9-17-1990 by Ord. No. 566]
A. 
By the Borough Planning Commission.
(1) 
When a final plan has been submitted, such plan shall be placed on the agenda of the Planning Commission for review at its next regular meeting, provided that such official submission has occurred no less than 21 calendar days prior to such regular meeting. The Planning Commission may hold a public hearing on the original plan at this time.
[Amended 12-2-2013 by Ord. No. 783]
(2) 
The Planning Commission shall review the final plan to determine its conformance with the standards contained in this chapter and other applicable Borough ordinances and shall require or recommend such changes and modifications as it deems necessary.
(3) 
No action shall be taken by the Borough Planning Commission with respect to a final plan until the Borough Planning Commission has received and considered the written report of the Lehigh Valley Planning Commission; provided, however, that if the Lehigh Valley Planning Commission shall fail to report thereon within 45 days after receipt of a final plan, then the Borough Planning Commission may officially act without having received and considered such report.
(4) 
Within 60 days after the date of the regular meeting of the Planning Commission next following the date the final plan application is submitted, the Planning Commission shall recommend to the Borough Council, in writing, that the final plan be approved, conditionally approved or disapproved together with the documented findings upon which the recommendations are based.
[Amended 12-2-2013 by Ord. No. 783]
B. 
By the Borough Council. Within 90 days following the date of the regular meeting of the Planning Commission or Borough Council next following the date of the application, the Borough Council shall, in accordance with the relevant ordinances and considering the recommendations of the Planning Commission, take action by approving, conditionally approving or disapproving the final plan. The exception to this procedure shall occur when either a Planning Commission or Borough Council meeting is not scheduled within 30 days of the date of the application. In such cases, the actions by the Borough Council shall be within 120 days of the date of the application. The Borough Council, in all cases, shall document the action and the findings on which it is based within 15 days of the action to the:
(1) 
Developer or his representative.
(2) 
Code Enforcement Officer or his designee.
(3) 
Borough Planning Commission.
(4) 
Borough Engineer.
(5) 
The Hellertown Borough Authority.
[Added 12-17-2007 by Ord. No. 709]
A. 
After the completion of the procedures set forth in § 390-31 and after the final plan is approved by the Borough Planning Commission and the Borough Council, six paper prints and one reproducible sepia copy of the final plan shall be endorsed by the Borough Council and the Planning Commission. The signature of the LVPC shall also be placed on the plans indicating LVPC review of the plans.
B. 
After the plan has been endorsed by the Borough Planning Commission, the Borough Council and the Lehigh Valley Planning Commission, the plan shall be filed at the Northampton County Recorder of Deeds Office by the Code Enforcement Officer or his designee.
C. 
After the plan has been endorsed as per the requirements of § 390-11A, two prints of the plan shall be retained by the Code Enforcement Officer or his designee. One print shall be forwarded to each of the following: subdivider, Borough Solicitor, Borough Engineer and the LVPC.
In the case of any proposed residential subdivision or lot boundary adjustment which does not, and will not in the future, involve more than a total of three lots, including the remaining parcel, and does not involve the provision of any new street or easement for access (i.e., one in which all proposed lots will have frontage on an existing public street), the following procedure shall be followed:
A. 
The applicant shall prepare a submission meeting the requirements of § 390-18.
B. 
The submission shall be processed according to the procedures contained in § 390-10.
C. 
Upon approval of the plan, the subdivision shall be recorded according to the procedures contained in § 390-11.
A. 
The Borough Council or the Borough Planning Commission, if authorized to approve applications within the Subdivision and Land Development Ordinance, may grant a modification of the requirements of one or more provisions if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
B. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
C. 
If approval power is reserved by the Borough Council, the request for modification may be referred to the Borough Planning Commission for advisory comments.
D. 
The Borough Council or the Borough planning agency, as the case may be, shall keep a written record of all action on all requests for modification.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Upon the approval of a final plat, the developer shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the Borough Council following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the Recorder of Deed of Northampton County. Whenever such plat approval is required by the Borough, 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 commission, 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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).