Township of Whitehall, PA
Lehigh County
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Before any permit for the erection of a structure in a land development shall be granted, the developer or the developer's agent shall apply for and secure approval of such proposed land development in accordance with the requirements set forth herein.
Prior to filing an application for development with the Township, the developer or the developer's agent is advised to meet with the Bureau Chief of Planning, Zoning and Development. At this time, the Bureau Chief of Planning, Zoning and Development shall advise the developer or the developer's agent which of the procedures set forth herein must be followed. This conference may, at the developer's or the developer's agent's request, include the Township Engineer and/or Township Solicitor.
For the purpose of this chapter, the land development filing date shall be the date of the regular meeting of the Planning Commission next following the date that the application, plans, fees and support documents are received in the Township Municipal Building; provided that should said regular meeting occur more than 30 days following the submission of the application, plans, fees and supporting documentation, the land development plan filing date shall be the 30th day following the day that the application, plans, fees and supporting documentation have been submitted. An application for land development and all plans, fees and support documents shall be submitted not less than 21 days prior to the next regularly scheduled meeting of the Planning Commission.
A. 
Filing fees. All filing fees and the developer's escrow shall be submitted in such amounts as is required by the fee schedule of the Township, as amended from time to time.
B. 
Payment of fee. A filing fee shall accompany the submission of a preliminary plan or sketch plan. No application shall be accepted or acted upon unless payment is made in full to the Township.
C. 
Review escrow. The developer's escrow may be used to reimburse the Township for providing the following services:
(1) 
Reviewing the engineering details of the land development plan submitted, whether sketch plan, preliminary plan or final plan.
(2) 
Inspecting the layout of the site for conformance to the survey and plan, whether sketch plan, preliminary plan or final plan.
(3) 
Reviewing the results of soil tests, if applicable.
(4) 
Preparing cost estimates of proposed and/or required improvements.
(5) 
Attendance at meetings and conferences by the Township consultants with Township staff. Township officials, the developer, the developer's agreement and/or developer's engineers and attorneys.
D. 
Replenishing developer's escrow. The developer's escrow must be replenished by the developer when the amount of the developer's escrow is decreased by 50%. In the event that the developer fails, refuses or neglects to replenish the developer's escrow as required by this section within 30 days' written notice thereof to the developer, the Township may suspend action on the plan, commence collection thereof by appropriate legal proceedings, refuse to process or otherwise accept any other application for development from the developer, or may deny the pending application for development (whether in the form of preliminary plan or final plan) for failure to comply with the requirements of this chapter.
A. 
Sketch plan. Prior to submission of a preliminary plan, a developer may submit a sketch plan to the Planning Commissioner (not the Board of Commissioners) for review and comment. The purpose of a sketch plan submission is to enable the Planning Commission to comment informally on the general feasibility of the proposed land development. Submission of a sketch plan is encouraged but is not mandatory.
B. 
Preliminary plan. Submission of a preliminary plan is mandatory. The preliminary plan is a tentative plan, prepared in lesser detail than a final plan, depicting the proposed streets and lot layout and such other information as required by this chapter.
C. 
Final plan. Submission of a final plan is mandatory. The final plan is a complete and exact plan of the land development, with a professional seal affixed as required by the MPC and prepared for official recording as required by this chapter to define property rights, streets and other proposed improvements.
Notice. Prior to each meeting at which a land development plan is considered, the Township shall publish a notice in a newspaper of general circulation in the Township. The notice shall state:
A. 
The time, location and date of the scheduled meeting of the Planning Commission or the Board of Commissioners as the case may be.
B. 
The location of the proposed land development.
C. 
That a copy of the land development plan may be inspected in the Bureau of Development Office during normal business hours.
A. 
Planning Commission Act. Within 60 days of the date of a land development plan filing date, the Planning Commission shall, unless an extension of time is granted, review the land development plan (both preliminary plan and final plan) and communicate its recommendations to the Board of Commissioners for approval, conditional approval, or disapproval thereof as required by Subsection C hereof.
B. 
Board of Commissioners Act. Within 90 days of the land development plan filing date, the Board of Commissioners shall, unless an extension of time is granted, review the land development plan (both preliminary plan and final plan) and communicate its approval, conditional approval, or disapproval thereof to the developer as required by Subsection C hereof.
C. 
Planning Commission and Board of Commissioner decisions.
(1) 
All recommendations of the Planning Commission and all decisions of the Board of Commissioners shall be in writing and shall be communicated to the developer personally or mailed to the developer at the developer's last known address not later than 15 days following the date of the recommendations or the date of the decisions.
(2) 
When the preliminary plan or final plan is not approved in terms as filed the Planning Commission's recommendations and the Board of Commissioners decision shall specify the defects found in the application and the land development plan (both preliminary plan and final plan) and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.
(3) 
Failure of the Board of Commissioners to render a decision and communicate it to the developer within the time and in the manner required in Subsection B shall be deemed an approval of the application and the land development plan in the terms as presented unless the developer has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.