The title shall be “An ordinance providing for the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots, or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on all streets and required dedications; the administration of this ordinance by the East Allen Township Planning Commission and the East Allen Township Board of Supervisors; and penalties for the violation of this ordinance.”
This chapter shall be known and may be cited as the “East Allen Township Subdivision and Land Development Ordinance.”
The purpose of these regulations is to create conditions favorable to the health, safety, morals, and general welfare of the citizens by:
A. 
Assisting in the orderly and efficient integration of subdivisions within the Township;
B. 
Ensuring conformance of subdivision plans with the public improvements plans of the Township;
C. 
Ensuring sites suitable for building purposes and human habitation;
D. 
Facilitating the efficient movement of traffic;
E. 
Securing equitable handling of all subdivision plans by providing uniform procedures and standards;
F. 
Improving land records by establishing standards for surveys and plans;
G. 
Safeguarding the interests of the public; the homeowner, the subdivider and all municipalities; and
H. 
Preserving natural and historic features.
A. 
No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer, water main, gas, oil, or electric transmission line, or other improvements in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with this chapter.
B. 
No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building upon land in a subdivision or land development may be issued unless and until:
(1) 
final plan has been approved and recorded; and
(2) 
Either:
(a) 
The Township has been assured by means of a development agreement acceptable to the Board of Supervisors that the improvements will subsequently be installed; or
(b) 
The required improvements in connection therewith have been constructed.
C. 
The regulations of this chapter shall apply to any subdivision or land development.
D. 
A subdivision of any lot which has been involved in three successive minor subdivisions shall comply with the requirements for a major subdivision.
A. 
Agriculture. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwelling, shall be exempted from review.
B. 
Approved subdivisions.
(1) 
From the time an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
(2) 
If final plan approval is preceded by preliminary plan approval, the five-year period shall be counted from the date of the preliminary plan approval.
(3) 
Condominiums. The mere creation of a condominium pursuant to the Pennsylvania Uniform Condominium Act[1] does not constitute a subdivision or land development.
[1]
Editor’s Note: See 68 Pa.C.S.A. § 3101 et seq.
A. 
Standards.
(1) 
The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
(2) 
Where provisions, standards, and specifications of this chapter conflict with those of any state statute, other ordinance or regulations, the greater restriction shall be controlling regardless of its source, unless specified to the contrary.
B. 
Illustrations. The illustrations in this chapter are not a part of the chapter, but are included for purposes of explanation and clarification.
A. 
The Board of Supervisors 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 interests and that the purpose and intent of this chapter is observed.
B. 
All requests for modification shall be in writing and shall accompany and be part of the application for preliminary/record plan approval. 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 this chapter involved and the minimum modification necessary.
C. 
Prior to granting or denying said request for modification, the Board of Supervisors shall refer said request to the Planning Commission for a recommendation.
D. 
The Board of Supervisors shall keep a written record of all action on all requests for modifications.
A. 
The Board of Supervisors has established by resolution a schedule of fees and a collection procedure for all applications and other matters pertaining to this chapter.
B. 
The applicant is also required to submit any required fee to the Lehigh Valley Planning Commission to cover the entire review process as outlined in any county fee schedule.
C. 
Plans shall not be considered filed until all fees are paid and the applications are properly signed.
A. 
Revised plans.
(1) 
Until a submission is approved or rejected by the Board of Supervisors, the applicant may withdraw the submission (or a part thereof) and submit a revised plan following the submission and review procedures which apply to that plan.
(2) 
No submission fee shall be charged for the first revised plan, but a second revised plan (and any subsequent revised plan) shall be considered a new submission for which a new submission fee shall be required.
B. 
Alternate plan. If (before a submission is approved or rejected by the Board of Supervisors) the applicant submits a new plan submission for the subdivision or development of the same lands as the pending submission and does not withdraw the pending submission, the new plan shall be considered an alternate plan for which a new submission fee shall be required.
C. 
Resubdivisions.
(1) 
A revision or resubdivision of a recorded plan or a final plan approved by the Board of Supervisors shall be considered as a new subdivision and shall come under the jurisdiction of this chapter.
(2) 
A submission to correct erroneous data or omissions on recorded plans shall not be considered to be a revision or resubdivision.
A. 
Planning Commission.
(1) 
The Planning Commission shall keep a record of the findings, decisions, and recommendations relative to all subdivision or land development plans filed for action by the Planning Commission.
(2) 
Such records shall be open to the public for review.
B. 
Board of Supervisors.
(1) 
The Secretary of the Board of Supervisors shall keep a record of the findings, decisions and recommendations relative to all subdivision or land development plans filed for action by the Board of Supervisors
(2) 
Such records shall be open to the public for review.
A. 
The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors.
B. 
The Board of Supervisors shall hold at least one public hearing pursuant to public notice on any proposed amendment to this chapter.
C. 
At least 30 days prior to the public hearing on the proposed amendments, the Board of Supervisors shall submit such amendment to the Planning Commission and to the Lehigh Valley Planning Commission for recommendations.
D. 
Within 30 days after adoption, the Board of Supervisors shall forward a certified copy of any amendment of this chapter to the Lehigh Valley Planning Commission.
E. 
The proposed amendments shall not be enacted unless notice of the proposed enactment is advertised in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor’s Note: See 53 P.S. § 10101 et seq.
F. 
The Board of Supervisors shall submit any proposed amendment to the Lehigh Valley Planning Commission. The proposed action shall not be taken until the Lehigh Valley Planning Commission recommendation is made or until 45 days have passed.
Decisions of the Board of Supervisors may be appealed in accordance with the Pennsylvania Municipalities Planning Code.
A. 
Inspectors. The Board of Supervisors shall appoint one or more inspectors to enforce the provisions of this chapter and the accompanying design standards and improvement specifications.
B. 
Inspection. Inspection of actual construction under any approved subdivision or land development plan shall be the sole responsibility of the Township, which shall undertake reasonable measures to provide an adequate inspection of all projects.
C. 
Remedies. Any action inconsistent with the provisions of this chapter shall be subject to appropriate measures by the Board of Supervisors, including but not limited to the following:
(1) 
The Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.
(2) 
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any provisions of this chapter.
(3) 
Such other and further remedies which the Township may deem proper.
A. 
Violations.
(1) 
Any person (being the owner or agent of any lot, tract, or parcel of land) who lays out, constructs, opens, or dedicates any street, sanitary or storm sewer, water main, or other improvement for public use, travel, or other purposes or for the common use of occupants of buildings abutting thereon; sells, transfers, or agrees or enters into an agreement to sell any land in a subdivision or land development (whether by reference to or by other use of a plat of such subdivision or land development); or erects any building thereon until a final plat has been prepared and recorded in full compliance with the provisions of this chapter, shall be guilty of a misdemeanor.
(2) 
The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(3) 
Each day of violation may be considered as a separate violation and shall subject the violator to the penalties listed in Subsection B and the remedies listed in § 212- 13C.
(4) 
Actions to enforce this chapter shall be brought by the Board of Supervisors.
B. 
Penalties.
(1) 
Upon conviction of a violation of this chapter, any person, partnership or corporation responsible for such a violation shall pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof.
(2) 
All judgments collected for such violations shall be paid over to the Township.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any lot building, structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be effective.
C. 
The Board of Supervisors hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.