A.
Feasibility review. A feasibility review submission may be made for
all subdivisions and land development proposals. Review materials
shall be submitted to the BPC for discussion as to the suitability
of a parcel of land for a specific subdivision or land development
use and for direction or advice from the BPC. The feasibility review
materials shall be submitted to the Borough Engineer and the Joint
Planning Commission for review.
B.
Preliminary plan. Except for plans subject to the provisions of § 580-14 of this chapter, preliminary plans shall be submitted for all subdivisions and land developments. Plans, supplementary data and fees shall be submitted to the BPC for distribution to various review bodies. All reviews shall be submitted to the BPC, 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 their decision.
C.
Final plan. Final plans shall be submitted for all subdivisions and land developments which have been conditionally approved or approved by the Bath Borough Council. For subdivisions and land developments subject to the provisions of § 580-14, final plans shall be submitted for all proposals found by the BPC to be feasible. Plans, supplementary data and fees shall be submitted to the BPC for distribution to various review bodies. The final plan shall be submitted within one year of preliminary plan approval. All reviews shall be submitted to the BPC, 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 their decision. The applicant shall enter into improvement and maintenance agreements with the Borough Council, if improvements of a public or quasi-public nature are required as a condition of plan approval. 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 County Recorder of Deeds Office.
D.
Authorized recipient. All applications and submissions shall be made
to the Borough Manager, or to his or her designee, and other required
persons or review bodies pursuant to the application form entitled
Borough of Bath Application for Feasibility, Preliminary or Final
Plan Review set forth as Appendix A hereto,[1] which application form may be amended by Borough Council
by resolution from time to time. Copies of the application form are
available at the Borough Municipal Building. The Borough Manager shall
assure that the BPC and Borough Council are on notice of all time
constraints imposed by the Municipalities Planning Code[2] or by this chapter.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Feasibility review maps and materials may be submitted for all proposed
subdivisions and land developments for purposes of discussion between
the BPC and the developer, and for the review of the Joint Planning
Commission of Lehigh-Northampton Counties.
B.
Developers desiring feasibility review shall submit copies of all
feasibility review maps and materials, as set forth in § 580-300,
to the Borough Manager, or to his or her designee, and other required
persons or review bodies pursuant to the application form entitled
Borough of Bath Application for Feasibility, Preliminary or Final
Plan Review set forth as Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
The BPC shall retain two copies of feasibility review maps and materials
for its review and recommendations.
A.
When feasibility review 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 21 calendar days prior to such scheduled
meeting.
B.
The BPC shall review the feasibility review data to determine the
development potential of the site as indicated by the natural features
analysis presented. The general development concepts of the developer
will be reviewed to determine their compatibility with the development
potential of the site and with relevant plans and ordinances. Also,
the feasibility review stage is designed to offer the developer an
opportunity to informally discuss his plans for the proposed subdivision
or land development with the BPC.
C.
Within 60 days of submission of feasibility review maps and materials
to the BPC, the BPC 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.
A.
Preliminary plans and all required supplementary data for all proposed subdivisions and land developments (except for minor subdivisions to be reviewed pursuant to § 580-14) shall be submitted to the Borough Manager, or to his or her designee, and other required persons or review bodies pursuant to the application form entitled Borough of Bath Application for Feasibility, Preliminary or Final Plan Review set forth as Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
If the preliminary plan submission complies with § 580-16 of this chapter and the Borough of Bath Application for Feasibility, Preliminary or Final Plan Review, the Borough Manager shall accept the preliminary plan for review by the BPC and Borough Council. If the submission is incomplete, the Borough Manager may reject the submission and shall issue written notice of the deficiency(ies) to developer, BPC and to Borough Council within 20 business days of receipt of the submission.
C.
Official submission of a preliminary plan by a developer shall comprise:
(1)
Five copies of a completed Borough of Bath Application for Feasibility,
Preliminary or Final Plan Review;
(2)
Submission of 16 black-on-white or blue-on-white paper prints of the preliminary plan which shall fully comply with the provisions of this chapter as set forth in § 580-16;
(4)
All required fees and review deposits.
D.
Developer shall remit the preliminary plan submission materials to
the Borough Manager, or to his or her designee, and other required
persons or review bodies pursuant to the application form entitled
Borough of Bath Application for Feasibility, Preliminary or Final
Plan Review set forth as Appendix A,[2] with copies of all remittances to the Borough Engineer,
as follows:
(1)
One application, five plan prints and one copy of the supplemental
information to the BPC;
(2)
One application, one plan print and one copy of the supplemental
information to the Borough Engineer;
(3)
One application, two plan prints and one copy of the supplemental
information to the Borough Council;
(4)
One plan print, one copy of the relevant supplemental information
to the Borough Sewage Enforcement Officer if applicable;
(5)
One plan print and one copy of the supplemental information to the
Joint Planning Commission of Lehigh-Northampton Counties;
(6)
One plan print and information relevant to sewage disposal shall
be submitted to the Pennsylvania Department of Environmental Protection;
(7)
One plan print and information relevant to water and sewer matters
shall be referred to the Borough Authority;
(8)
One plan print and one copy of the supplemental information to the
Northampton County Conservation District;
(9)
One plan print and information relevant to fire protection shall
be submitted to the Bath Volunteer Firefighters or other firefighter
company or companies designated by Borough Council;
(10)
One application and one plan print to the Borough Zoning Officer;
(11)
One application and one plan print to the Borough Solicitor.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
E.
Additional copies of the preliminary plan materials shall be referred
by the developer to the respective agencies, with copies of each remittance
to the Borough Engineer, in the following circumstances: (The applicant
is responsible for providing the additional necessary submission materials.)
(1)
Whenever the property being subdivided or developed abuts a state
legislative route, one application and one plan print shall be submitted
to the Pennsylvania Department of Transportation District Office;
(2)
Whenever a proposed subdivision or land development is located adjacent
to another municipality, one application and one plan print shall
be referred to that municipality.
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 BPC 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 BPC
may hold a public hearing on the preliminary plan at this time.
(2)
The BPC shall review the preliminary plan to determine its conformance
with the standards contained in this chapter and other applicable
municipal ordinances, and shall require or recommend such changes
and modifications as it deems necessary.
(3)
No action shall be taken by the BPC with respect to a preliminary
plan until the BPC has received and considered the written report
of the Joint Planning Commission; provided, however, that if the Joint
Planning Commission shall fail to report thereon within 30 days after
receipt of a preliminary plan, then the BPC may officially act without
having received and considered such report.
(4)
Within 60 days after submission of the preliminary plan, the BPC
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 recommendation is based.
Any developer requests for waivers of specific provisions of this
chapter shall be noted by the BPC and appropriate recommendations
shall be made to Borough Council.
B.
By the Borough Council.
(1)
Within 90 days after submission of the preliminary plan (or such
longer time as may be permitted pursuant to § 508 of the
Municipalities Planning Code[1]), the Borough Council shall, in accordance with the provisions
of relevant ordinances and considering the recommendations of the
BPC, take action by approving, conditionally approving or disapproving
the preliminary plan and related requests for ordinance waivers. Borough
Council shall document the findings upon which those actions are based,
in writing, to:
(a)
The developer or his designated representative;
(b)
The BPC;
(c)
The Borough Engineer;
(d)
The Borough Sewage Enforcement Officer;
[1]
Editor's Note: See 53 P.S. § 10508.
(2)
If the action of Borough Council requires substantial plan changes
in order for a final approval to be granted, Borough Council may require
developer to submit his/her plan with those changes as a "new" application.
(3)
Borough Council may, in its discretion, deem a plan abandoned and
reject it without further action, if a plan requiring substantial
changes is neither reviewed nor resubmitted within 60 days of Borough
Council action.
A.
Within 12 months after approval of the preliminary plan for any subdivision or land development (except those minor subdivisions to be reviewed under § 580-14 hereof), a final subdivision or land development plan and all required supplemental data shall be submitted to the BPC. An extension of time may be granted by 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 BPC and approved by the Borough
Council and shall incorporate all modifications required by the Borough
Council in its preliminary plan approval. The BPC 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 § 580-17. 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, no less than 25% of the gross number of acres or total number of lots, whichever is greater, shall be submitted as a single section or stage, unless it represents the final section or stage.
D.
Final plans and all required supplementary data set forth in § 580-17 for all proposed subdivisions and land developments shall be submitted to the Borough Manager, or to his or her designee, and other required persons or review bodies pursuant to the application form entitled Borough of Bath Application for Feasibility, Preliminary or Final Plan Review set forth as Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E.
Official submission of a final plan by a developer shall comprise:
(1)
Five copies of a completed Borough of Bath Application for Feasibility,
Preliminary or Final Plan Review;
(2)
Submission of 16 black-on-white or blue-on-white paper prints of the preliminary plan which shall fully comply with the provisions of this chapter as set forth in § 580-17;
(4)
All required fees and review deposits.
F.
Developer shall remit the final plan submission materials to the
Borough Manager, or to his or her designee, and other required persons
or review bodies pursuant to the application form entitled Borough
of Bath Application for Feasibility, Preliminary or Final Plan Review
set forth as Appendix A,[2] with copies of all remittances to the Borough Engineer,
as follows:
(1)
One application, five plan prints and one copy of the supplemental
information to the BPC;
(2)
One application, one plan print and one copy of the supplemental
information to the Borough Engineer;
(3)
One application, two plan prints and one copy of the supplemental
information to the Borough Council;
(4)
One application and one copy of the supplemental information to the
Borough Sewage Enforcement Officer, if involved;
(5)
One plan print and information relevant to sewage disposal shall
be submitted to the Pennsylvania Department of Environmental Protection;
(6)
One plan print and one copy of the supplemental information to the
Joint Planning Commission of Lehigh-Northampton Counties;
(7)
One plan print and information relevant to water and sewer matters
shall be referred to the Borough Authority;
(8)
One plan print and one copy of the supplemental information to the
Northampton County Conservation District.
(9)
One plan print and information relevant to fire protection shall
be submitted to the Bath Volunteer Firefighters or other firefighter
company or companies designated by Borough Council.
(10)
One application and one plan print to the Borough Zoning Officer.
(11)
One application and one plan print to the Borough Solicitor.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
G.
Additional copies of the final plan materials shall be referred by
the developer to the respective agencies, with copies of each remittance
to the Borough Engineer, in the following circumstances: (The applicant
is responsible for providing the additional necessary submission materials.)
(1)
Whenever the property being subdivided or developed abuts a state
legislative route and the plan differs from plans previously submitted
to PennDOT with reference to access points, proposed external road
improvements or traffic impact, one application and one plan print
shall be submitted to the Pennsylvania Department of Transportation
District Office;
(2)
Whenever a subdivision or land development requires a soil erosion and sedimentation control permit, as described in § 580-27A(5) of this chapter, one application, one plan print and one copy of supplemental information shall be submitted to the County Conservation District;
(3)
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.
A.
By the BPC.
(1)
When a final plan has been officially submitted, such plan shall
be placed on the agenda of the BPC 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 BPC
may hold a public hearing on the final plan at this time.
(2)
The BPC shall review the final plan to determine its conformance
with the standards contained in this chapter and other applicable
municipal ordinances, and shall require or recommend such changes
and modifications as it deems necessary.
(3)
No action shall be taken by the BPC with respect to a final plan
until the BPC has received and considered the written report of the
Joint Planning Commission or until 30 days have passed from the date
that the plans were forwarded to the JPC.
(4)
Within 60 days after submission of the final plan, the BPC 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 recommendation is based. Additionally,
any developer requests for waivers of specific provisions of this
chapter shall be noted by the BPC, and appropriate recommendations
shall be made to Borough Council. Copies of these recommendations
shall be forwarded to the applicant. All favorable actions of the
BPC shall be noted, together with the date of action and signatures
of its Chairman and Secretary on the record plan.
B.
By the Borough Council.
(1)
Within 90 days after submission of the final plan (or such longer
time as may be permitted pursuant to § 508 of the Municipalities
Planning Code),[1] the Borough Council shall, in accordance with the provisions
of relevant ordinances and considering the recommendations of the
BPC, take action by approving, conditionally approving or disapproving
the final plan and related requests for waivers of specific provisions
of this chapter. Borough Council shall document the findings upon
which that action is based, in writing, to:
(a)
The developer, or to designated representative;
(b)
The BPC;
(c)
The Borough Engineer;
(d)
The Borough Sewage Enforcement Officer;
(e)
The Joint Planning Commission of Lehigh-Northampton Counties.
[1]
Editor's Note: See 53 P.S. § 10508.
(2)
Any favorable action of the Borough Council shall be noted, together
with the date of action and signatures of its President and Secretary
on the record plan.
A.
After completion of the procedures set forth in § 580-30 and after the final plan is approved by the BPC and the Borough Council without conditions, seven copies of the final plan shall be endorsed by the Borough Council. The signature of the JPC shall also be placed on the plans indicating JPC review of the plans.
B.
The final plan shall be a clear and legible print of a type and material
required by the County Recorder of Deeds.
C.
After endorsement by the BPC, the Borough Council and the Joint Planning
Commission, and after developer has met all conditions of final plan
approval, the Borough Engineer or his/her designee shall file the
final plan with the County Recorder of Deeds. If the developer fails
to meet all conditions precedent to the recording of the final plan
within 90 days of the date of final plan approval by Borough Council,
the action of the Borough Council shall be null and void, unless an
extension of time is granted in writing by Borough Council upon written
request by the developer.
D.
At the time the final plan is endorsed by the Borough authorities,
the Borough Manager shall receive one reproducible print of the final
plan approved for the permanent files of the Borough. The reproducible
print for the Borough shall be of a Mylar or Kronar type permanent
base material.
E.
At the time the final plan is recorded, the Joint Planning Commission
shall receive one endorsed black-on-white or blue-on-white print of
the final plan as approved by the Borough Council.
F.
Upon recording of the plat, the receipt from the Recorder of Deeds
Office for said plat shall be maintained by the Borough Manager, and
the Borough Manager shall remit a copy of the Recorder's receipt to
the BPC for its files.
In the case of any proposed residential subdivision which does
not, has not (since 1978), and is not reasonably expected to involve
more than a total of three lots, and not involve the provision of
any new street, easement for access, or the construction of public
utility lines (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 may prepare and submit a feasibility review plan in accordance with the requirements of § 580-15 of this chapter.
C.
Within one year of the completion of any feasibility review by the BPC, the applicant shall submit a final plan in accordance with the requirements of § 580-17 of this chapter. An extension of time may be granted by the Borough Council upon written request.
