A.
General provision relating to time limitations and
the completion of plan submission. In order for the time period for
review and decision (as set forth in the MPC) to commence, the applicant
shall do all, but not less than all, of the following, it being understood
that the time limitation period shall commence upon the date that
the last requirement is met, and not before. Payment of all review
fees, escrow deposits, recording and legal fees, etc., shall be paid
in full by the developer.
B.
Sketch plans. The submission of a sketch plan is optional
and said plan may be submitted by a prospective applicant for advisory
purpose only. Said submission shall be made to the Planning Commission
and shall not enjoy the same status as a preliminary or final plan;
however, the applicant may use this submission to evoke discussion
of the suitability of a parcel of land for a specific subdivision
or land development use. Said plan shall be designated "sketch plan"
and shall be submitted to the Administrator no later than 15 days
prior to the next regularly scheduled meeting or special meeting of
the Planning Commission. The sketch plan review fee shall accompany
said submission.
C.
Preliminary plans, data and fees shall be submitted
to the Plan Administrator no later than 15 days prior to the next
regularly scheduled or special meeting of the Planning Commission,
for distribution to various review bodies. All reviews shall be returned
to the Township Planning Commission which shall recommend action to
the Township Board of Supervisors. The Township Planning Commission
may hold a public hearing to assist its evaluation, prior to making
its recommendations. The Township Board of Supervisors shall take
action and advise the applicant in writing of its decision.
D.
Final plans, data and fees shall be submitted to the
Administrator no later than 15 days prior to the next regularly scheduled
or special meeting of the Planning Commission, for distribution to
various review bodies. The final plan submission must be within one
year of preliminary plan approval. The Township Board of Supervisors
may extend this time limit at its discretion, upon receipt of a written
request from the applicant, prior to expiration of the time limit.
All reviews shall be returned to the Township Planning Commission
which shall recommend action to the Township Board of Supervisors.
The Township Board of Supervisors shall take action 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 Township and post security for completion of improvements.
No permits shall be issued until said agreements have been executed
and secured to the satisfaction of the Township Solicitor and until
the approved plan and improvement agreements have been recorded in
the County Office of the Recorder of Deeds.
A.
Sketch plan requirements. A sketch plan submittal
shall contain the following minimum information:
(1)
A letter of intent that explains the scope and important
features of the proposed subdivision or land development.
(2)
A deed plot of the land parcel, drawn to a minimum
scale of one inch equals 100 feet, showing the proposed design of
the subdivision or land development, a North point, scale and date.
(3)
A clip from a USGS quad sheet outlining the area under
consideration.
(4)
A clip from the county soil maps outlining the area
under consideration.
(5)
A copy of the current deed(s) describing the tract(s)
to be developed or subdivided.
(6)
Payment of all review fees, escrow deposits, modules
review fee, recording and legal fees, etc., shall be paid in full
by the developer.
B.
Sketch plan submission.
(1)
Sketch plan maps and materials may be submitted for
all proposed subdivisions and land developments, for purposes of discussion
between the Township Planning Commission and the developer, and for
the information of the County Planning Commission.
(2)
Eleven copies of all sketch plan maps and materials, as set forth in Subsection A, and the appropriate fee shall be submitted to the Administrator. The Administrator shall acknowledge receipt of a complete submittal by issuing a dated sketch plan receipt to the developer.
(3)
The Administrator shall distribute the 11 sets of
sketch plan maps and materials as follows:
C.
Sketch plan review.
(1)
The Township Planning Commission will review the data
presented at a regularly scheduled or special meeting, provided that
the developer or his duly authorized agent is in attendance. In no
event shall a sketch plan be considered as a preliminary or final
plan.
(2)
The Township Planning Commission will review the sketch
plan data to determine the development potential of the site, as indicated
by the materials presented. The general development concepts of the
developer will be reviewed to determine their compatibility with the
development potential of the site. 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
Township Planning Commission. At this time the Planning Commission
shall determine whether streetlighting, sidewalks, curbing or capped
sewers shall be required as part of the development. In arriving at
a decision concerning capped sewers, the Planning Commission shall
consult with and be guided by the written recommendation of the Township
Municipal Authority.
(3)
No recommendations shall be made by the Township Planning
Commission until the Commission has received and considered the written
report of the Joint Planning Commission if received by the Township
Planning Commission at the time of the meeting in which the sketch
plan is reviewed. However, if such report is not received within the
time limitations expressed in the Pennsylvania Municipalities Planning
Code,[1] as amended, the Township Planning Commission may make
recommendations to the developer without having received and considered
said report.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(4)
The Commission may 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. This shall take the form of a written response
from the Secretary of the Township Planning Commission to the following:
A.
Preliminary plan requirements. A preliminary plan
shall be accompanied by payment of all review fees, escrow deposits,
module review fees, recording and legal fees, etc., and shall be submitted
on sheets 18 inches by 24 inches, 24 inches by 36 inches, 30 inches
by 42 inches, or 36 inches by 48 inches in size; shall be drawn at
a scale of one inch equals 20 feet, one inch equals 30 feet, one inch
equals 50 feet, or one inch equals 100 feet; and shall contain the
following information:
[Amended 6-14-2011 by Ord. No. 2011-1]
(1)
Name of the proposed subdivision; source of title;
plan status; name and address of all record owner(s); name and address
of developer if different from owner; name, address, license number
and seal of the design professional responsible for the plan, in conformance
with applicable state professional certification laws (Act of 1945,
P.L. 913, No. 367, also known as the "Engineer, Land Surveyor and
Geologist Registration Law,"[1] and Act 535 of 1965, also known as the "Landscape Architects'
Registration Law"[2]); names of all adjoining subdivisions; names, addresses
and deed reference of adjoining owners of unplotted land; name of
municipality or municipalities within which subdivision is proposed;
the name and address of person designated to receive communications
from the Township on behalf of the applicant; the acknowledged signatures
of all of the above persons.
[Amended 4-8-1997 by Ord. No. 1997-1]
(2)
North point, graphic scale, written scale, original
date and all revision dates.
(3)
A key map, for the purpose of locating the property
being subdivided, drawn at a scale of one inch equals 800 feet and
showing the relation of the property differentiated by tone or pattern,
to adjoining property and to all streets, streams, municipal boundaries,
and recorded subdivision plans existing within 2,000 feet of any part
of the property.
(4)
In all cases, total tract boundaries of the property being subdivided
must be provided, showing bearings and distances based upon an accurate
field survey of the property being subdivided, having an error of
closure not exceeding one foot in 5,000 feet. The accuracy of the
survey and plan shall be sealed and certified by the responsible engineer
or surveyor.
(5)
All existing streams, swales, watercourses, wetlands,
woodlands, tree masses, swamps, floodplain areas based on a one-hundred-year
storm and one-hundred-year flood elevations (including all one-hundred-year
floodplains established by the Federal Emergency Management Agency),
or other natural features within the proposed development and within
50 feet of the boundaries of the development.
(6)
The location of all existing buildings and structures;
size, material, slope, length, and inverts of utility lines, culverts,
swales, bridges and railroad locations or other man-made features
within the development and within 50 feet of the boundaries of the
development.
(a)
The following note shall be included on all plans containing
a nonconforming structure(s): "If any nonconforming structure is damaged
to a degree greater than 50% of its then fair market value, any replacement
structure or reconstruction of the damaged structure shall occur only
within the prescribed setbacks and in accordance with any and all
current subdivision/land development, zoning, and other applicable
ordinances at the time of submission.
[Added 6-14-2011 by Ord. No. 2011-1]
(7)
Contour lines at vertical intervals of two feet. Location
and elevation of the datum to which contour elevations refer. Contour
lines shall be from field or aerial survey when new streets, underground
utilities or storm drainage facilities are proposed.
(8)
Proposed and existing street cartway and right-of-way lines, lot
lines and areas, building setback line, and easements within and immediately
adjoining the proposed development shall be indicated and accurately
dimensioned. Building setback lines shall not be shown on lots considered
to be a residual or nonbuilding lot, and the easements shall be clearly
defined and labeled. In addition, all street and driveway locations
with clear sight triangles shall be depicted on the plan. If the subdivision
proposes a new street intersection with a state legislative route,
the occupancy permit number(s) shall be indicated on the plan with
a copy of the approved highway occupancy permit submitted to the Township
for its records.
(a)
For minor subdivisions where land is not required to be dedicated
to the ultimate right-of-way, the ultimate right-of-way lines shall
still be shown on the plan and the building restriction lines off-set
from this line.
[Added 6-14-2011 by Ord. No. 2011-1]
(9)
Site data. Total acreage, number of lots, density,
lineal feet of new streets, zoning district, deed book reference,
tax map reference, soil type, water source, primary sanitary sewage
disposal method and distance from proposed well to proposed sanitary
sewage disposal system. In addition, absorption areas shall be physically
delineated at the site for field verification.
(a)
The following note shall be included on all plans containing
lot(s) considered to be residual or nonbuilding lot: "Lot _____ is
a residual lot and not a building lot. Construction is prohibited,
and no building, excavating or sewage permit will be issued until
the owner has received land development approval from the Township
in accordance with all current subdivision/land development, zoning,
and other ordinances, at the time of submission."
[Added 6-14-2011 by Ord. No. 2011-1]
(10)
Water, sanitary sewer, and storm sewer lines
and facilities with the size and materials of each indicated and any
proposed connections with existing facilities.
(11)
Parks, playgrounds and other areas dedicated
or reserved for public or common use, with any conditions governing
such use.
(12)
Certification of ownership acknowledgment of
plan, and offer of dedication shall be indicated on the plan, duly
acknowledged and signed by the owner of the property and notarized.
A complete abstract of title, certified to be true and correct by
a licensed attorney authorized to practice in Pennsylvania or a title
insurance company, similarly licensed to do business in Pennsylvania.
(13)
Restrictive and protective covenants which shall
be imposed upon the lots or parcels as a condition of sale, together
with a statement of any restrictions previously imposed which may
affect the title to the land being subdivided, including the book
and page number of all such covenants of record.
(14)
A statement of the intended use of all residential
and nonresidential lots and parcels.
(15)
If plan requires more than one sheet, an illustrative
key diagram shall be shown on each, showing relative locations of
each section.
(16)
Typical road cross section for all streets,
descriptive names and route numbers, showing proposed geometry and
materials of construction.
(17)
Proposed street alignment and grades, monumentation, utility
lines and grades, storm and sanitary sewer lines and appurtenances,
shown on tentative street and utility line plans and profiles. A note
shall be placed on the plan stating that the applicant shall submit
an as-built plan showing the location and elevation of all existing
and constructed street monuments prior to the release of posted security.
(18)
Storm drainage design plan and backup calculations,
indicating subwatersheds upstream from each inlet collector; and a
tabulation for each subwatershed of the acreage, average slope, and
time of concentration on which the design was based.
(19)
Certification of centralized water supply systems.
(a)
Public. When water service to the proposed subdivision
is to be provided by an existing public system, the developer shall
produce a letter from the agency, authority or utility which states
that it can adequately service the subdivision.
(b)
Private. When water service to the proposed
subdivision is to be provided by a centralized private water system,
the developer shall produce a letter from the Pennsylvania Department
of Environmental Protection approving a well site.
(20)
Certification of sewage disposal systems.
(a)
Public. When sewage disposal service to the
proposed subdivision is to be provided by an existing public system,
the developer shall produce a letter from the agency, authority of
utility stating that it can adequately service the subdivision.
(b)
Centralized. When the subdivision is to be served
by a centralized sewage disposal system, the developer shall produce
a letter from the Pennsylvania Department of Environmental Protection
which evaluates the proposed system in relation to the state's minimum
requirements.
(c)
On-lot. When sewage disposal for the subdivision is proposed to be individual on-lot systems, the developer shall produce a letter from the Township Sewage Enforcement Officer indicating his findings of fact pursuant to § 147-19E regarding the use of on-lot systems. All percolation and soils testing shall be complete and documentation verifying the results of testing shall accompany preliminary plan submission.
(21)
In the case of a preliminary plan calling for
the installation of improvements beyond a five-year period, a schedule
shall be filed by the landowner delineating all proposed sections
as well as deadlines within which applications for final plan approval
of each section are intended to be filed. Such schedule shall be updated
annually by the applicant on or before the anniversary of the preliminary
plan approval, until final plan approval of the final section has
been granted. Each section in any residential subdivision or land
development, except for the last section, shall contain a minimum
of 25% of the total number of dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the governing body
in its discretion. Provided the landowner has not defaulted with regard
to or violated any of the conditions of the preliminary plat approval,
including compliance with landowner's aforesaid schedule of submission
of final plats for the various sections then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply and for any section or
sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
Failure of landowner to adhere to the aforesaid schedule of submission
of final plats for the various sections shall subject any such section
to any and all changes in zoning, subdivision and other governing
ordinance enacted by the municipality subsequent to the date of initial
preliminary plan submission. Any modification in the aforesaid schedule
shall be subject to approval of the Township Supervisors in their
discretion.
(22)
Where the preliminary plan covers only a part
of the subdivider's entire holdings, a sketch shall be submitted of
the prospective street and lot layout for the remainder.
(23)
A preliminary center line stake out of proposed
roads shall be made so that an on-site road alignment evaluation may
be conducted.
(24)
A final grading and a plan narrative for minimizing
erosion and sedimentation, in accordance with erosion and sediment
control standards herein shall be provided.
(25)
A Planning Module for Land Development if on-site
disposal is planned.
(26)
A landscape plan, according to standards set
forth herein, shall be provided.
(27)
A streetlighting plan shall be provided.
(28)
Type and location of traffic control devices
and guide rails.
(29)
Provision to be made for ownership and maintenance
of all streets not to be dedicated to the Township. A description
for incorporation in the deed of dedication shall accompany final
plan submission for roadways or portions thereof intended to be offered
for public use.
B.
Preliminary plan submission.
(1)
Preliminary plans, fees, deposits and all required
supplementary data for proposed subdivision and land development shall
be submitted to the Administrator including all individual lot soil
testing and supporting documentation. A Commonwealth of Pennsylvania
highway occupancy permit for lot or subdivision or land development
ingress and egress shall also accompany preliminary plan submission.
(2)
Official submission of a preliminary plan to the Administrator shall comprise an executed preliminary subdivision or land development application, the appropriate fee, and 12 copies of all preliminary plan drawings, maps or supplementary information as set forth in Subsection A.
(3)
If the preliminary plan submission complies with Subsection B(2) above, the Administrator shall acknowledge such compliance by immediate issuance to the developer of a dated preliminary subdivision plan receipt.
(4)
The Administrator shall distribute the 12 sets of
preliminary plan drawings, maps and supplementary information as follows:
(5)
Additional prints of the preliminary plan shall be
submitted by the developer to the respective agencies in each of the
following circumstances:
(a)
Whenever the property being subdivided or developed
abuts a state legislative route, one print of the preliminary plan
shall be submitted to the Pennsylvania Department of Transportation.
(b)
Whenever a proposed subdivision or land development
is located in more than one municipality or located adjacent to another
municipality, one print of the preliminary plan shall be submitted
for each additional or adjacent municipality to the respective municipalities.
(c)
Upon request of the Township Sewage Enforcement
Officer, one print of the preliminary plan shall be submitted to the
local office of the Pennsylvania Department of Environmental Protection.
(d)
Upon request of the Township Planning Commission,
one print of the preliminary plan shall be submitted to the Township
Municipal Authority.
C.
Preliminary plan review.
(1)
The Administrator shall place the preliminary plan
submission on the agenda of a regularly scheduled or special meeting
of the Township Planning Commission.
(2)
The Township Planning Commission shall review the
preliminary plan to determine its compliance with the standards contained
in this chapter and other applicable Township ordinances, and shall
require or recommend such changes and modifications as it deems necessary.
(3)
The Township Planning Commission may hold a public
hearing on the preliminary plan at this time.
(4)
During review of the preliminary plan, the Township
Planning Commission shall consider the written report of the Township
Engineer.
(5)
The Lehigh Valley Planning Commission ("LVPC") shall review the preliminary
plan in accordance with 53 P.S. § 10609(e) of the Pennsylvania
Municipalities Planning Code ("MPC") to determine its conformance
with regional plans and priorities, and shall recommend such changes
and modifications as it may deem necessary or advisable in the public
interest. The Lehigh Township Planning Commission will consider any
and all review letters it receives from the LVPC when reviewing plans.
[Amended 6-14-2011 by Ord. No. 2011-1; 9-12-2017 by Ord. No. 2017-6]
(6)
The Township Planning Commission shall make its written
recommendations to the Township Board of Supervisors.
(7)
The Township Supervisors shall notify the subdivider
or agent of their action regarding the plan within the time limitations
established in the Pennsylvania Municipalities Planning Code, as amended.
(8)
No preliminary plan or final plan which will require
access to a highway under the jurisdiction of the Department of Transportation
shall be finally approved unless the plat contains a notice that a
highway occupancy permit is required pursuant to § 420 of
the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law,"[3] before driveway access to a state highway is permitted.
The Department shall, within 60 days of the date of receipt of an
application for a highway occupancy permit, approve the permit, which
shall be valid thereafter unless, prior to commencement of construction
thereunder, the geographic, physical or other conditions under which
the permit is approved change, require modification or denial of the
permit, in which event the Department shall give notice thereof in
accordance with regulations, deny the permit, return the application
for additional information or correction to conform with Department
regulations, or determine that no permit is required, in which case
the Department shall notify the municipality and the applicant in
writing. If the Department shall fail to take any action within the
sixty-day period, the permit will be deemed to be issued. The plat
shall be marked to indicate that access to the state highway shall
be only as authorized by a highway occupancy permit. Neither the Department
nor any municipality to which permit-issuing authority has been delegated
under § 420 of the State Highway Law shall be liable in
damages for any injury to persons or property arising out of the issuance
or denial of a driveway permit, or for failure to regulate any driveway.
Furthermore, the municipality from which the building permit approval
has been requested shall not be held liable for damages to persons
or property arising out of the issuance of denial of a driveway permit
by the Department.
[3]
Editor's Note: See 36 P.S. § 670-101
et seq.
A.
Final plan requirements. A final plan shall conform to standards and data requirements as set forth for a preliminary plan in § 147-9A of this chapter. A final plan shall contain the following additional information:
(1)
The latest source of title to the land, as shown by
the deed book and page number, at the County Recorder of Deeds' office.
(2)
Total tract boundaries of the property being subdivided,
with accurate distances to hundredths of a foot and bearings to 30
seconds. These boundaries shall be determined by accurate surveys
in the field, to an error of closure not to exceed one foot in 5,000
feet. The tract boundary shall be subsequently closed and balanced.
However, the boundary or boundaries adjoining additional unplatted
land of the subdivider (for example, between separately submitted
final plan sections) are not required to be based upon field survey
and may be calculated.
(3)
All internal lot and street right-of-way and cartway
lines with accurate distances to hundredths of a foot, bearings to
30 seconds and sufficient curve data to accurately describe and reproduce
on the ground all lines on the plan.
(4)
Block and lot numbers and the area of each individual
lot to the closest ten thousandths of an acre.
(5)
The location and width of all rights-of-way, easements,
and building restriction lines, including any limitations on their
use.
(6)
The names, proposed names or route numbers of existing
and proposed streets.
(7)
Restrictive and protective covenants which shall be
imposed upon the lots or parcels as a condition of sale, together
with a statement of any restrictions previously imposed which may
affect the title to the land being subdivided, including the book
and page number of all such covenants of record.
(8)
Site data. Total acreage, number of lots, density,
linear feet of new streets, zoning districts, deed book reference,
tax map reference, soil type, water source, primary sanitary sewage
disposal method and distance from proposed well to proposed sanitary
sewage disposal system. In addition, absorption areas shall be physically
delineated at the site for field verification.
(9)
If the subdivision proposes a new street intersection
with a state legislative route, the occupancy permit number(s) shall
be indicated on the plan with a copy of the approved highway occupancy
permit to the Township for its records.
(10)
The location of all existing and proposed street monuments.
Clear sight triangles at all street and driveway intersections. A
note shall be placed on the plan stating that the applicant shall
submit an as-built plan showing the location and elevation of all
existing and construction street monuments prior to the release of
posted security.
[Amended 6-14-2011 by Ord. No. 2011-1]
(11)
Certification of ownership, acknowledgment of
plan, and offer of dedication shall be lettered on the plan, duly
acknowledged and signed by the owner of the property and notarized.
If the property is under corporate ownership the plan shall contain
the raised seal or facsimile thereof, and signatures of officers authorized
to sign on behalf of the corporation.
(12)
A certificate for approval of the plan by the
Township Planning Commission and Board of Supervisors shall be presented.
Certification of review by the Joint Planning Commission must also
be indicated on the plan.
(13)
The engineer or surveyor shall certify as to
the accuracy of the survey and the drawn plan. Such plats and surveys
shall be prepared in accordance with the Engineer, Land Surveyor and
Geologist Registration Law (63 P.S. § 148 et seq.).
[Amended 6-14-2011 by Ord. No. 2011-1]
(14)
Space shall be left along the lower edge of
the sheet, in order that the County Recorder of Deeds may acknowledge
receipt and recording of the plan when it is presented.
(15)
If the final plan requires more than one sheet,
a key diagram showing the relative location of the several sections
shall be drawn on each sheet.
(16)
Location, size, material, pipe length and invert
elevation of all sanitary and storm sewers, the location and construction
details of all manholes, inlets, endwalls, headwalls, culverts and
junction boxes, the location and design of all drainage swales, detention
facilities, and other drainage facilities including the slope and
maximum depth of all swales and velocities in all swales, the location,
size and materials of all water mains, and the location of all fire
hydrants, blow-offs, and valves on water mains.
(17)
Final profiles, typical sections and specifications
for proposed streets, sanitary sewers, water distribution systems,
and storm drainage systems; and details of appurtenant structures.
(18)
A final grading and a plan and narrative for
minimizing erosion and sedimentation, in accordance with erosion and
sediment control standards herein shall be provided.
(19)
A Planning Module for Land Development if on-site
disposal is planned.
(20)
A landscape plan, according to standards set
forth herein, shall be provided.
(21)
A streetlighting plan shall be provided.
(22)
Type and location of traffic control devices
and guide rails.
(23)
Provisions to be made for the ownership and maintenance of all
streets not to be dedicated to the Township. A description for incorporation
of the deed of dedication shall accompany final plan submission along
with attachments of plot plans for roadways or portions thereof intended
to be offered for public use. Deeds of dedication shall be executed
prior to the recording of the approved final plan submission.
[Amended 6-14-2011 by Ord. No. 2011-1]
(24)
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, applicants shall present
evidence to the Township Supervisors that the subdivision or development
is to be supplied by a certificated public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
(25)
The Northampton County Council Uniform Parcel Identifier Ordinance
requires that all subdivisions submitted for the assignment of uniform
parcel identifiers are required to have a street address assigned
to all approved building lots. Upon preliminary approval of a subdivision,
the Township shall provide the developer/engineer the addresses which
shall be shown on the final plan. The existing and proposed house
number/street address shall be labeled on each individual lot and
may not be a notation or table on the plan.
[Added 6-14-2011 by Ord. No. 2011-1]
(26)
Any waivers and deferrals granted by the Board of Supervisors,
with their corresponding ordinance sections, specific relief granted,
and the date of the decision shall be listed on a plan to be recorded.
[Added 6-14-2011 by Ord. No. 2011-1]
B.
Final plan submission.
(1)
Within 12 months after approval of the preliminary
plan, a final subdivision or land development plan, and all required
supplemental data, shall be submitted to the Administrator. An extension
of time may be granted by the Township Planning Commission upon written
request. Otherwise, the plan submitted may be considered as a new
preliminary plan.
(2)
The final plan shall conform in all respects to the
preliminary plan previously reviewed by the Township Planning Commission
and the Joint Planning Commission, if approved, or conditions if conditionally
approved. It shall incorporate those modifications required by the
Township Planning Commission upheld by the Board of Supervisors at
the preliminary plan stage.
(3)
The final plan may be submitted in sections or stages,
each covering a reasonable portion of the entire proposed subdivision
or land development as shown on the reviewed preliminary plan. In
the case of a 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 applications for final approval of each
stage or section shall be no greater than 18 months. Each section
in any residential subdivision or land development, except for the
last section, shall contain a minimum of 25% of the total number of
dwelling units as depicted on the preliminary plan, unless a lesser
percentage is approved by the Township Supervisors in its discretion.
(4)
Official submission of a final plan to the Administrator shall comprise an executed final subdivision or land development application, the appropriate fee, 12 copies of the final plan, utility and road profiles, final grading plan, erosion and sedimentation control plan and narrative, landscape plan, streetlighting plan and four copies of the Planning Module for Land Development, as set forth in § 147-10A.
(7)
Additional prints of the final plan shall be submitted
by the developer to the respective agencies in each of the following
circumstances:
(a)
Whenever a proposed subdivision or land development
is located in more than one municipality or located adjacent to another
municipality, one print of the final plan shall be submitted for each
additional or adjacent municipality to the respective municipalities.
Approval shall be conditioned upon joint approval of both municipalities.
Plan must be submitted simultaneously.
(b)
When a subdivision proposes central sanitary
sewage collection and disposal, the installation of capped sewers,
or central water distribution, two prints of the applicable plans
and profiles shall be submitted to the Township Municipal Authority.
(c)
In all cases one copy of the erosion and sedimentation
control plan and narrative shall be submitted to the County Soil and
Water Conservation District.
C.
Final plan review.
(1)
The Administrator shall place the final plan submission
on the agenda of a regularly scheduled or special meeting of the Township
Planning Commission.
(2)
The Township Planning Commission shall review the
final plan to determine its conformation with the standards contained
in this chapter, with other applicable Township ordinances, and with
such changes and modifications required in connection with approval
of the preliminary plan.
(3)
The Planning Commission may hold a public hearing
at this time if the final plan departs substantially from the preliminary
plan.
(4)
During review of the final plan, the Planning Commission
shall also consider the written report of the Township Engineer, and,
if applicable, the Township Sewage Enforcement Officer.
(5)
The Township Planning Commission shall make its written
recommendations to the Township Board of Supervisors.
(6)
When a final plan is submitted to the Joint Planning
Commission, due to changes in substance from the previously approved
preliminary plan, no decision shall be made by the Township Board
of Supervisors with respect to the final plan until the Township has
received and considered the written report of the staff of the Joint
Planning Commission, provided; however, that if the Joint Planning
Commission shall fail to report thereon within the time limitations
established in the Pennsylvania Municipalities Planning Code,[1] as amended, the Township Supervisors may act without having
received and considered such report.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(7)
The Township Supervisors shall notify the subdivider
of their action regarding the plan within the time limitations established
in the Pennsylvania Municipalities Planning Code, as amended.
D.
Final plan recording. No plan shall be recorded unless
and until all of the following requirements are fulfilled. After final
plan approval by the Township Board of Supervisors, the following
administrative procedure shall become operative:
(1)
The developer shall deposit with the administrator
the prescribed fee for agreements, preparation and recording, as well
as one reproducible Mylar drawing of all approved plans and profiles
containing the raised seals required by the county for recording.
(2)
The subdivider shall deposit with the Township a financial
security as provided for in the Pennsylvania Municipalities Planning
Code, as amended.
(3)
The Township Solicitor shall prepare an improvements
agreement, a maintenance agreement, a Planning Module Agreement and
such agreements as the Solicitor shall deem necessary.
(4)
The developer and the Board of Supervisors shall sign
all agreements and the security document and return them to the Plan
Administrator.
(5)
The Board of Supervisors shall execute a resolution
accepting the developer's "Planning Module for Land Development" as
a supplement or revision to the Township Official Plan.
(6)
The Township Board of Supervisors, Township Planning
Commission, the Joint Planning Commission and the Northampton County
Conservation District shall sign the Mylar drawing of the final plan.
(7)
The Township Board of Supervisors shall submit the
executed resolution and four copies of the Planning Module for Land
Development to the local office of the Pennsylvania Department of
Environmental Protection.
(8)
The Plan Administrator shall record the agreements
and security document (if appropriate) at the county courthouse.
(9)
The Township Engineer shall make a clear and legible
print of the signed final plan.
(10)
The Plan Administrator shall record the signed
final plan at the office of the County Recorder of Deeds.
(11)
The developer shall expedite the execution of Subsection D(1) through (5) to insure that the final plan is recorded within 90 days of the date of final plan approval. If the final plan is not recorded within said ninety-day period, same shall be deemed to be a withdrawal of the final plan submission by the applicant, thus rendering, the approval of the Board of Supervisors null and void, unless an extension of time is granted in writing by the Board, upon written request of the developer.
E.
Maintenance guarantee. Where the Township Supervisors
accept dedication of all or some of the required improvements following
completion, the Township Supervisors may require the posting of financial
security to secure structural integrity of said improvements as well
as the functioning of said improvements in accordance with the design
specifications as depicted on the final subdivision plan. The financial
security shall be of the same type as permissible with regard to installation
of improvements, as provided for by the Pennsylvania Municipalities
Planning Code, as amended.
A.
The following land subdivisions are classified as
minor, and some of the requirements set forth above may be waived
by the Board of Supervisors, provided said waiver is in writing signed
by the majority of the Supervisors.
(1)
A residential subdivision which does not contain more
than five lots and will not in the future involve the provision of
any new street or easement; in which all lots will have frontage on
and direct vehicular access to an existing improved Township or state
road; which does not landlock or limit the ultimate use of interior
adjacent land; and which does not create excessive block lengths.
(2)
A residential subdivision involving no more than one
interior new lot; providing its location within the parent tract is
shown to be consistent with the highest and best land use of the whole
tract as confirmed by a sketch plan of the whole tract; providing
the private road follows the bed of a proposed road on the sketch
plan of the whole tract; and providing the subdivider agrees in a
recorded instrument that no further interior division will be undertaken
without improvements and dedication of the private road as a public
road.
(3)
Where the conveyance, sale, or transfer of land from
one parcel to an adjacent parcel is proposed for the sole purpose
of increasing lot size and not for the purpose of creating a separate
new lot or land development.
(4)
Upon recommendation of the Township Engineer, approved
by the Township Solicitor, where the number of lots and the extent
and nature of the improvements would permit approval of the subdivision
without compliance with each and every technical and other requirement
set forth in this chapter, the Board of Supervisors may waive such
technical and other requirements as it shall deem advisable, provided,
however, the interest of the municipality shall have been adequately
served by the information contained on the plan (and/or) subdivision
agreement.
B.
Minor plan requirements.
(2)
When no incompatibility is found between the development potential of the site and the developer's general concept plan for the site, the Township Planning Commission may authorize the preparation of a plan application which meets the requirements for final plans set forth in § 147-10A of this chapter.
A.
B.
Development plan requirements. Development plans shall contain all applicable data items as set forth in §§ 147-9A and 147-10A of this chapter and the following additional data:
(1)
A site layout drawn to a scale of not less than one
inch equals 50 feet showing the location, dimension and height of
proposed buildings, structures, or use and any existing buildings
in relation to property and street lines. If the application relates
to property which is scheduled to be developed in successive stages,
such plans shall show the relationship of the portion scheduled for
initial development to the proposed layout of the entire property.
(2)
The location, dimensions, and arrangements of all
open spaces and yards and buffer yards including methods and materials
to be employed for screening.
(3)
The location, size, arrangement and capacity of all
areas to be used for motor vehicle access, off-street parking, off-street
loading and unloading, including location, dimensions, grades and
materials proposed for paving and curbing.
(4)
The dimensions, location and methods of site lighting
and sign illumination, if applicable.
(5)
The location and dimensions and grades of sidewalks
and all other areas to be devoted to pedestrian use.
(6)
Provisions to be made for treatment and disposal of
sewage and industrial wastes, water supply and storm drainage including
locations, profiles, inverts and materials of construction.
A.
Applicability. At the discretion of the Township Planning
Commission, the provisions of this section shall apply, if the existing
condition of any land or parcel of land is proposed to be changed
by any one of the following:
B.
Grading plan requirements.
(1)
The plan shall be prepared and certification made
as to its accuracy by the responsible design professional in conformance
with applicable state professional certification laws (Act of 1945,
P.L. 913, No. 367, also known as the "Engineer, Land Surveyor and
Geologist Registration Law," and Act 535 of 1965, also known as the
"Landscape Architects' Registration Law"). A workmanlike execution
of the plat shall be made in every detail. A poorly drawn or illegible
plat shall be sufficient cause for its rejection.
[Amended 4-8-1997 by Ord. No. 1997-1]
(2)
Traverse map of the perimeter of the land or parcel
of land. The traverse shall have an error of closure of not greater
than one in 5,000.
(3)
Existing topographic contours of the area to be graded
or filled at contour intervals of two feet and depicted by a broken
line unless the Planning Commission determines that a different contour
interval is required. The proposed finished-grade contours shall be
shown at contour intervals of two feet and depicted by solid lines.
(4)
All existing watercourses within 500 feet of the area
to be graded or filled, whether on land owned by the applicant or
by others, shall be shown on the plan.
(6)
Abutting property lines and the names of abutting
landowners.
(7)
In cases of heavily wooded areas, the outline of the
wooded areas and the location of trees which are to remain, shall
be shown.
(8)
A location map shall be drawn showing relation of
tract to adjoining properties and related road and highway system
within 1,000 feet of tract.
(9)
Statement that the applicant is the owner, equitable
owner or authorized by the owner in writing to make application for
the proposed land grading.
C.
Grading Plan submission. Three copies of the land
grading plan shall be submitted to the Planning Commission at least
15 days before the schedule date of the meeting of the Planning Commission
at which scheduled meeting the plans will be reviewed.
D.
Grading plan review.
(1)
The Planning Commission will report in writing within
45 days to the landowner or developer the specific changes, if any,
it will require in the land grading plan, or its approval of the plan.
Upon review by the Township Engineer and if approved, the plan shall
be signed by the Chairman and the Secretary.
(2)
The landowner or developer, after official notification
by the Planning Commission of the approval of the land grading plan,
shall within six months thereafter submit the plan to the Board of
Supervisors, otherwise the approval of the Planning Commission shall
be null and void. Three copies of the plan and two copies of supporting
documents shall accompany final plan submission and be submitted to
the Board of Supervisors not less than 15 days prior to a regularly
scheduled meeting of the Board.
(3)
The Board of Supervisors shall take action within
30 days from the submission of the land grading plan, either approving,
modifying or disapproving same. If approved, the plan shall be signed
by the Chairman and the Secretary. Three copies of the approved plan
(all signatures affixed) shall be furnished to the Supervisors.
A.
Applicability. Any landowner or developer engaged
in earth-moving activities shall plan, implement, and maintain erosion
and sedimentation control measures to minimize off-site damage to
adjoining land and waters of the commonwealth as required in Chapter
102, Title 25, of the Clean Streams Law, Act 222 and its current amendments.
These measures must be set forth in a written plan, must be available
at all times at the site of the activity and accompany the building
permit application.
B.
Erosion and sediment plan requirements.
(1)
The erosion and sedimentation control plan shall be
prepared by a person trained and experienced in erosion control methods
and techniques.
(2)
The plan shall be designed to prevent erosion and sedimentation in accordance with the standards and specifications in §§ 147-23 through 147-29 and 147-38 of this chapter, along with all requirements of the Clean Streams Law as administered by the Pennsylvania Department of Environmental Protection.
C.
Erosion and sedimentation control plan submission.
(1)
Twelve copies of the erosion and sedimentation control
plan shall be submitted at the time of the preliminary and final plan
submission.
D.
Erosion and sedimentation control plan review and
approval.
(1)
No grading, excavating or vegetation removal shall
commence until the erosion and sedimentation control plan has been
reviewed and approved by the Northampton County Conservation District,
the Township Engineer, the Township Planning Commission and the Board
of Supervisors. The final plan shall contain the signed approval of
Northampton County.
(2)
Conservation District. In addition, the developer
shall certify that all development and/or construction will be done
according to their plan of development and plan for soil erosion and
sediment control.
