Classification of a proposed subdivision as
a minor subdivision permits the developer and Township to utilize
a simplified procedure for reviewing such subdivision prior to approval
for recording.
A.
Final plan submission required. A final plan submission for each minor subdivision must be filed by the applicant and reviewed in accordance with the provisions of Article VII.
B.
Required submission.
(1)
The applicant shall file with the Township Administrator
by the 15th day of the month prior to the
regularly scheduled Planning Commission meeting at which the plans
will be received, the following items:
(a)
The required fees and escrows;
(c)
At least eight copies of the final plan, with
notarized original owner’s signature on all;
[Amended 2-19-2004 by Ord. No. 2004-3]
(d)
At least two sets of supportive documents;
[Amended 2-19-2004 by Ord. No. 2004-3]
(e)
At the discretion of the Township such additional
copies as the Township deems necessary to properly and adequately
review the plan; and
(f)
Seven ledger size copies of the layout sheet.
(2)
Request the appropriate application form from the Township Office.
[Amended 4-26-2018 by Ord. No. 2018-06]
(3)
Request the checklist from the Township Office.
[Amended 4-26-2018 by Ord. No. 2018-06]
(4)
If a state road is involved, the applicant is also
required to forward plans to the Pennsylvania Department of Transportation
and obtain comments prior the minor subdivision approval.
C.
Initial actions by the Administrator.
(1)
The Administrator shall review the submission items
filed against a checklist for completeness and shall report such review
to the Commission at its next regularly scheduled meeting.[1]
[1]
Editor’s Note: Original Section 702,
Subsection C2, regarding forwarding documents to the Lehigh Valley
Planning Commission, which immediately followed this subsection, was
deleted 2-19-2004 by Ord. No. 2004-3.
D.
Determination of completeness.
(1)
The Commission shall review the final plan submission
at its first regularly scheduled meeting after the submission is properly
filed to the Administrator to determine if the submission is complete.
(2)
If the Commission determines that the submission is
incomplete, as filed, the Commission shall not accept the submission,
indicating the deficiencies, and shall return the fee and the materials
listed in Subsection C(4) to the applicant.
(3)
If the Commission determines that the submission is
complete, as filed, except for such additional number of plans and
sets of supportive documents that it may require:
(a)
The Commission may accept the submission as
being filed for review on the condition that the applicant shall file
such additional number of plans and sets of supportive documents to
the Administrator or appropriate agency or person within five days
from the date of such acceptance.
(b)
If so accepted, the Commission shall indicate
in its records that the submission has been so conditionally accepted
as being filed for review.
(4)
If the Commission determines that the submission is
complete, as filed, it shall accept the submission as being filed
for review, and indicate in its records that the submission has been
so accepted.
E.
Review by Township Engineer.
(1)
Within 30 days from the date the Commission accepts
the plan for review (unless granted an extension by the Commission)
the Township Engineer shall, at the request of the Commission, review
the engineering considerations in the plan and prepare an initial
report on such considerations to the Commission.
(2)
The Township Engineer may make additional reports
and recommendations to the Commission and the Supervisors during review
of the plan.
F.
Review by Commission. Within 60 days from the date
the Commission accepts the plan for review (unless the applicant grants
a written extension of time for the entire Township review of such
submission) the Commission shall:
(1)
Review all applicable reports received from the appropriate
review agencies and officers;
(2)
Determine whether the final plan submission meets
the objectives and requirements of this chapter, other ordinances,
and statutes;
(3)
Review the final plan submission with the applicant,
his agent, or representative and recommend any needed revisions so
that the submission will conform to this chapter, other ordinances,
and statutes; and
(4)
Recommend approval, conditional approval, or disapproval
of the final plan submission in a recommended written report to the
Board of Supervisors, specifying any recommended conditions for approval,
identifying any defects found by the application, describing any requirements
which have not been met, citing the provisions of any ordinance of
statute relied upon.
G.
Review by Board of Supervisors. The Board of Supervisors
shall:
(1)
Review the report of the Commission;
(2)
Review the report of all other reviewing agencies
received within 45 days from the date the submission was forwarded
to such agencies (the Supervisors may review the reports of such agencies
received after the forty-five-day period);
(3)
Determine whether the final plan submission meets
the objectives and requirements of this chapter, other ordinances,
and statutes; and
(4)
Approve or reject the final plan submission within
the time required by Pennsylvania Act 247 (as amended).
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[Currently, Act 247 (as amended)
would require the Board of Supervisors to act not later than 90 days
following the date of the first regular meeting of the Commission
held after it has accepted the submission as being filed for review;
but in no case shall the Supervisors’ decision be made later
than 120 days following the date the submission was accepted as being
filed for review, unless the applicant grants a written extension
of time.]
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H.
Decision by Board of Supervisors.
(1)
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address not later than 15 days following
the decision.
(2)
Dedication.
(a)
The approval of the final plan by the Board
of Supervisors shall not constitute an acceptance of the dedication
of any street or other proposed public way, space, or area shown on
the final plan.
(b)
Any such acceptance of dedication shall be specifically
stated along with the signatures required for approval.
(c)
If the Board of Supervisors elects to accept
lands offered for dedication, the submission shall be accompanied
by duly executed instruments of conveyance to the Township. Such instruments
shall state that the title thereof is free and unencumbered.
(3)
When the final plan submission is disapproved, the
decision shall specify the defects found in the submission, shall
describe the requirements which have not been met, and shall cite
the provisions of the statute or ordinance relied upon in each case.
(4)
Failure of the Board of Supervisors to render a decision
and communicate it to the applicant within the time and in the manner
required by Act 247 (as amended) shall be deemed an approval of the
plan as presented, unless the applicant has agreed in writing to an
extension of time or change in the prescribed manner of communication
of the decision.
(5)
If the Board of Supervisors approves the final plan
subject to conditions, the applicant shall, at the time the Board
of Supervisors approve the final plan subject to conditions, either
accept or reject said conditions, in writing. Failure of the applicant
to provide the written acceptance or rejection of conditions at the
time of the Board of Supervisors’ approval, will result in automatic
recession of the Board of Supervisors’ approval. If the Board
of Supervisors approve the final plan, and the applicant provides
the aforementioned acceptance of conditions, the Township Secretary
will so certify thereon. At least one certified copy is to be retained
in the Township file for certification referral, and under no circumstances,
shall be altered, revised or defaced.
A.
Drafting standards.
(1)
Plans shall be prepared on a standard sheet of 12
inches by 18 inches, 18 inches by 24 inches, 24 inches by 36 inches
or 36 inches by 48 inches, except when the Commission approves of
other size plans.
(2)
All information shall be legibly and accurately presented.
(3)
Plans shall be drawn at a scale of one inch equals
50 feet or one inch equals 100 feet.
(4)
All dimensions shall be set in feet and decimal parts
thereof, and bearings in degrees, minutes and seconds.
(5)
Each sheet shall be numbered and shall show its relationship
to the total number of sheets.
(6)
Plans shall be so prepared and shall bear an adequate
legend to indicate clearly which features are existing and which are
proposed.
(7)
When the plan is a revision of a previously approved
plan, note the revisions.
(8)
The boundary line of the subdivision shall be shown
as a solid heavy line.
B.
General information.
(1)
Name and location of subdivision
(3)
Owner’s statement of intent (see Appendix C[1]):
(b)
The seal of a notary public or other qualified
officer shall be impressed to the plan acknowledging owner’s
statement of intent.
[1]
Editor’s Note: Appendix C is included at the end of this chapter.
(4)
Name, address, signature, and seal of the licensed engineer or surveyor responsible for the preparation of the plan to engineer’s statement (see Appendix C).
(5)
Approval/review signature blocks for (see Appendix C):
(6)
Location map at a scale of one inch equals 2,000 feet
showing the relation of the site to adjoining properties and streets
within 1,000 feet, and all zoning district and municipal boundaries
within 1,000 feet.
(7)
North arrow.
(8)
Graphic and/or written scale.
(9)
Date of plan and all subsequent revision dates.
(10)
Boundaries of all adjoining properties with
names of landowners.
(11)
The Deed Book volume and page number, as entered
by the County Recorder, referencing the latest source of title to
the land being subdivided.
(12)
Tax map sheet, block and lot number for the
tract being subdivided.
C.
Location of natural features on the site and within
100 feet of the site.
(1)
Contour lines at an interval of not more than two
feet shall be shown as follows:
(a)
Five-percent or less slope: none required, if
a note stating this condition is shown.
(b)
Five-percent to fifteen-percent slope: may be
accurately superimposed from the latest U.S.G.S. quadrangle map.
(c)
Fifteen-percent or greater: shall be based on
a field survey or photogrametric procedure at a scale of one inch
equals 100 feet or larger.
(2)
Permanent and seasonal high water table areas.
(3)
Watercourses, lakes and wetlands with names, if any.
(4)
Location and extent of various soil types with S.C.S.
definitions and DEP classifications for each.
(5)
Rock outcrops and stone fields.
D.
Boundary lines of tract.
(1)
The boundary lines of the area being subdivided.
(a)
The boundaries of the lots being newly created
shall be determined by accurate field survey, closed with an error
not to exceed one in 5,000 and balanced.
(b)
The boundaries of any residual tract which is
10 acres or less shall be determined by accurate field survey, closed
with an error not to exceed one in 5,000 and balanced.
(c)
The boundaries of any residual tract which is
greater than 10 acres may be determined by deed.
(2)
Location and type of all existing monuments
E.
Location of existing man-made features on the site
within 100 feet of the site.
(1)
Sufficient bearings, lengths of lines, radii, arc
lengths, street widths, right-of-way and easement widths of all lots,
streets, right-of-way, easements and community or public areas to
accurately and completely reproduce each and every course on the ground.
(2)
Existing lot layout on the site.
(3)
Historic sites or structures, including name and description.
(4)
Sewer lines, stormwater drains and culverts.
(5)
Utility easements and restrictive covenants and easements
for purposes which might affect development.
G.
Proposed layout.
(1)
Total acreage of site.
(2)
Proposed lot layout with identification number and
total number of lots.
(3)
Lot width, depth and area.
(4)
Rights-of-way, restrictive covenants, and easements
for all drainage, utilities, and other purposes which might affect
development, with designation of areas to be dedicated to the Township.
(5)
Open space areas and recreation areas.
(6)
The following items shall be shown on the plan using
the symbols shown:
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(7)
Any storm drainage facilities or structures.
(8)
Proposed or existing location of subsurface disposal
field and alternate field, both of which have been tested, and approved
by the Township.
H.
Covenants.
(1)
All private deed restrictions already imposed or to
be imposed as a condition to sale, referenced to the drawing.
(2)
The Board of Supervisors may require the inclusion
of any specific restrictive covenants which will carry out the purposes
of the chapter.
(3)
Required plan notices: When applicable, notices regarding the following items shall be placed on the plan using the wording contained in Appendix C[3]:
(a)
Maintenance of drainage easements.
(b)
Notice of PennDOT permit requirements.
(c)
Notice of on-lot sewage permit requirements.
(d)
Notice for on-lot (well) water supplies.
[3]
Editor’s Note: Appendix C is included at the end of this chapter.
A.
Residual lands sketch. A sketch to an appropriate
scale, on one sheet, covering the entire tract showing the location
of the area to be subdivided together with a sketch of any proposed
roads to demonstrate that the proposed subdivision provides for the
orderly development of any residual lands and/or does not adversely
affect the potential development of residual lands.
