Township of Bethlehem, PA Article V Preliminary Plan

§ 230-28 Purpose.

The purpose of the preliminary plan is to achieve formal approval of the overall development scheme proposed in order to minimize the need for any revisions of final plans.

§ 230-29 Submission and review procedure.

[Amended 6-15-1998 by Ord. No. 2-98]

A. Preliminary plan submission required.

(1) A preliminary plan submission for a major subdivision or land development shall be filed by the applicant and reviewed in accordance with the provisions of this article.

(2) A preliminary plan submission is not required for a minor subdivision or a submission that only involves a boundary line adjustment (see Article VII).

(3) The applicant should make an appointment with the Plans Administrator to submit the plans.

B. Required submissions.

(1) Applicant's initial submission. The applicant shall file with the Administrator at least 21 days prior to a regularly scheduled Planning Commission meeting at which the applicant desires any initial submission of plans to be considered:

(a) The required fees.

(b) Original and 15 copies of the application form (see Appendix A[1]), which application form may be amended from time to time by resolution of the Board of Commissioners.

[Amended 4-7-2008 by Ord. No. 02-08]

[1] Editor's Note: Appendix A is on file in the Township offices.

(c) Four[2] copies of the preliminary plan checklist (see Appendix B[3]).

[2] Note: The Township may require an applicant to submit additional copies.

[3] Editor's Note: Appendix B is on file in the Township offices.

(d) 14[4] print copies of the preliminary plan.

[4] Note: The Township may require an applicant to submit additional copies.

(e) Four[5] sets of supportive documents.

[5] Note: The Township may require an applicant to submit additional copies.

(f) 12[6] copies of all relevant correspondence and review letters.

[6] Note: The Township may require an applicant to submit additional copies.

(2) Applicant's resubmission. The applicant shall file with the Administrator at least 21 days prior to a regularly scheduled Planning Commission meeting at which the applicant desires any resubmission of plans to be considered:

(a) 12[7] print copies of the preliminary plan.

[7] Note: The Township may require an applicant to submit additional copies.

(b) Four[8] sets of any new and/or revised supportive documents.

[8] Note: The Township may require an applicant to submit additional copies.

(c) 12[9] copies of any new relevant correspondence and review letters.

[9] Note: The Township may require an applicant to submit additional copies.

(3) Administrator's distribution. The Administrator shall forward plans to the following agencies to seek their comments prior to final plan approval (as applicable):

(a) Municipal Authority or sewage enforcement officer (as applicable).

(b) Public Safety Committee.

(c) Township Engineer.

(d) Township Solicitor.

(e) Parks and Recreation Committee.

(f) Public Works Department.

(4) Applicant's distribution. The applicant is fully responsible for the following:

(a) Contacting utility companies, as appropriate, including the appropriate water company or authority, if applicable.

(b) (Recommended) Seeking at least an informal review by PennDOT of any proposed access onto a state road and providing PennDOT with sufficient information for such a review.

(c) Determining whether any permits or approval are needed from any agency outside of the Township, including DEP (including any obstruction to a waterway) and the Army Corps of Engineers (including determining whether any "wetland" will be disturbed).

(d) Applying to the Lehigh Valley Planning Commission.

C. Initial actions by the Administrator.

(1) Completeness. The Administrator shall review the submission items filed against a checklist for completeness and shall reject any submission and seek to return the submission and filing fees of an application that the Administrator determines is significantly incomplete. Any such determination shall occur within 15 days of filing by an applicant. The Administrator may request an advisory opinion by the Township Engineer on whether a submittal is significantly incomplete. If the submittal is rejected, no further action is required by the Township and no deemed approval shall occur.

(2) If the submittal is accepted, the Administrator shall forward a copy of the preliminary plan and supportive documents to the Township Engineer for review, prior to the next regularly scheduled meeting of the Township Planning Commission.

(3) The Administrator shall retain in the Township's files one copy of all materials submitted by the applicant, including the application form and the preliminary plan checklist.

(4) The Administrator shall forward to the Commission at or before the next regularly scheduled meeting of the Commission the following:

(a) Seven copies of the application form,

(b) Seven copies of the preliminary plan checklist,

(c) Seven copies of the preliminary plan, and

(d) The remaining sets of supportive documents.

(5) Adjacent municipalities. If any portion of a major subdivision or land development would occur within 1,000 feet of the boundary of another municipality or would clearly have a regional impact upon a municipality, the Administrator should require an applicant to provide a copy of the layout plan that can be forwarded to that municipality for an advisory review.

D. Initial actions by the Commission.

(1) The Commission may begin review of a preliminary plan submission at its first regularly scheduled meeting after the submission is properly filed within the required time period to the Administrator.

(2) Zoning variances. An application under this chapter shall not be considered to be complete if one or more zoning variances will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances have been granted. If the Planning Commission becomes aware that the zoning variance has been lawfully appealed, the Planning Commission may table a submission until that appeal is resolved, if the Commission determines that the variance is clearly needed for the feasibility of the proposal as submitted.

E. Review by Township Engineer.

(1) The Township Engineer shall review the engineering considerations of all duly submitted preliminary plans and prepare a report on such considerations to the Commission. The Township Engineer may make additional reports and recommendations to the Commission and the Commissioners during the review process.

(2) In reports by the Township Engineer, matters that should be dealt with directly by the Planning Commission and/or the Board of Commissioners should be listed separately from technical engineering considerations. These nontechnical concerns should be made available to the Planning Commission at least seven days prior to each meeting.

(3) The applicant and/or his engineer shall make reasonable efforts to resolve technical engineering considerations outside of Planning Commission meetings. The Township Engineer may require the applicant or his engineer to meet with him for this purpose.

(4) Copy of findings of the Township Engineer should be sent or handed in person to the applicant or his engineer or agent.

F. Review by Planning Commission and Parks and Recreation Committee.

(1) Review by Commission. The Planning Commission shall accomplish the following within the time limitations of the Act 247[10] (unless the applicant submits a request for an extension of time which is accepted by the Township), while allowing a sufficient number of days within such time limitation for a decision by the Board of Commissioners:

(a) Review all applicable reports received from any official reviewing agencies.

(b) Visit the site, if necessary.

(c) Determine whether the preliminary plan submission meets the requirements of this article and other applicable ordinances and statutes.

(d) Review the preliminary plan submission with the applicant, its agent or representative (if present) and recommend any needed revisions so that the submission will conform to this article and other applicable ordinances and statutes.

(e) Recommend approval, conditional approval or disapproval of the preliminary plan submission in a written report to the Board of Commissioners, specifying any recommended conditions for approval, identifying any defects found in the application, describing any requirements which have not been met, citing the provisions of any ordinance relied upon.

(f) The Planning Commission's report should be mailed to the last known address of or reported in person to the applicant or its agent.

[10] Editor's Note: See 53 P.S. § 10101 et seq.

(2) Review by the Parks and Recreation Committee. The Bethlehem Township Parks and Recreation Committee shall accomplish the following within 60 days of receipt of a plan:

(a) Review the application, plans and any other relevant information submitted by the applicant.

(b) Visit the site, if necessary.

(c) Determine if any open space that is proposed for dedication to the Township meets the criteria for accepting recreation land, as adopted in Table 10-3 of the Comprehensive Park, Recreation and Open Space Plan.

(d) Meet, if necessary, with the applicant or its representative to discuss its options regarding compliance with § 230-60 of this chapter.

(e) Prepare written recommendations to the Board of Commissioners, with copies to the applicant and the Planning Commission.

G. Review by Board of Commissioners. The Board of Commissioners shall:

(1) Review the reports of all Township agencies.

(2) Review any reports of official reviewing agencies that have been received, including the Township Engineer and Township staff.

(3) Determine whether the preliminary plan submission meets the requirements of this article and other ordinances.

(4) Approve or reject the preliminary plan submission within the time required by Act 247. (As of 1998, Section 508 of Act 247[11] requires the Board of Commissioners to act not later than 90 days following the date of the regular meeting of the Commission next following the date the application is filed; provided, that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed, unless the applicant submits a request for an extension of time which is accepted by the Township).

[11] Editor's Note: See 53 P.S. § 10508.

(5) LVPC review. No subdivision or land development shall be granted preliminary approval until a report is received from the Lehigh Valley Planning Commission or until the expiration of 30 days from the date the application was forwarded to the LVPC.

H. Final plan submission deadline.

(1) An applicant shall file a final plan within five years from the date of the approval of the preliminary plan by the Board of Commissioners, unless an extension in writing has been granted by the Board of Commissioners,

(2) Failure to comply with this requirement shall render the preliminary plan null and void, and a new preliminary plan shall be submitted.

I. Development in stages. See § 230-33J.

§ 230-30 Preliminary plan requirements.

A. Plans required.

(1) The following plans shall be required for all major subdivisions and land developments and shall show the information listed under each subsection of this § 230-30, as applicable, including the following:

(a) Layout plan (see Subsections B, C, D and E).

(b) Grading and storm drainage plan (see Subsections B, C, D and F and Chapter 218, Stormwater Management, of the Code of the Township of Bethlehem).

(c) Utility plan (see Subsections B, C, D and G).

(d) Road profiles (see Subsections B, C and J).

(e) Water main and sanitary sewer profiles (see Subsections B, C and K).

(f) Storm sewer profiles (see Subsections B, C and K).

(g) Soil erosion and sedimentation plan (see Subsections B, C and I).

(h) Landscaping plan (see Subsections B, C and H).

(2) The plans listed in Subsection A(1) may be combined (such as road profiles and storm sewer profiles), provided that the clarity of such plans will not be impaired.

B. Drafting standards required for all plans.

(1) Plans shall be prepared on a standard sheet of 18 inches by 24 inches, 24 inches by 36 inches, 30 inches by 42 inches or 36 inches by 48 inches (maximum).

(2) All information shall be legibly and accurately presented.

(3) If plans involve more than one sheet, a plan shall also be submitted showing the overall layout on one sheet. This plan should be at a scale of one inch equals 100 feet or other scale preapproved by the Township Engineer.

(4) If plans involve more than one municipality, a plan shall also be submitted showing the overall layout of the entire project on one sheet.

(5) Plans shall be drawn at a scale of one inch equals 50 feet. Profiles shall be drawn at a scale of: a) one inch equals 50 feet horizontal and b) one inch equals 50 feet vertical. (Or other scales preapproved by the Township Engineer.)

(6) All dimensions shall be set in feet and decimal parts thereof, and all bearings shall be set in degrees, minutes and seconds.

(7) Each sheet shall be numbered and shall show its relationship to the total number of sheets. If match lines are employed, a legend showing sheet relationship shall be provided.

(8) Plans shall be so prepared and shall bear an adequate legend to indicate clearly which features are existing and which are proposed.

(9) Where any revision is made, or when the plan is a revision of a previously approved plan, dotted lines shall be used to show features or locations to be abandoned and solid lines to show the currently proposed features. Notations of revisions shall be dated.

(10) The boundary line of the site shall be shown as a heavy line.

C. General information required on all plans and profiles.

(1) Titled: "preliminary plan."

(2) Sheet title (such as "layout plan").

(3) Name and location of subdivision or land development, and a unique drawing number.

(4) Graphic and written scales.

(5) Date of plan and all subsequent revision dates and submission dates.

(6) Name and address, signature and seal on the plan preparer's statement (see Appendix C[1] and § 230-16).

[1] Editor's Note: Appendix C is on file in the Township offices.

D. Information required on all layout plans, grading and storm drainage plans, utility plans and erosion and sedimentation plans.

(1) General information:

(a) North arrow (with reference meridian).

(b) Site boundaries with closure of one in 10,000.

(c) Boundaries of all adjoining properties with names of landowners.

(2) Location of the following proposed features on the tract:

(a) Streets and rights-of-way (including name, cartways width, right-of-way width and center line)

(b) Lot layout, with identification number for each lot.

E. Layout plan: required information:

(1) Names of landowner and developer (with addresses).

(2) Owner's statement of acknowledgment (see Appendix C[2]). The owner shall acknowledge the statement contained in Appendix C before an officer authorized to take acknowledgments, with the statement sealed by a notary public or other qualified officer.

[2] Editor's Note: Appendix C is on file in the Township offices.

(3) Approval/review signature blocks (see Appendix C) for:

(a) Township Board of Commissioners.

(b) Township Planning Commission.

(c) Joint Planning Commission (for final plan signature).

(d) Township Engineer.

(4) Location map at a scale no smaller than one inch equals 2,000 feet (such as USGS map or Township Zoning Map) showing the location of the project in relation to the following features within 1,000 feet of the boundaries of the project: adjacent lots, existing and streets, waterways, zoning district boundaries, and municipal boundaries.

(5) Project summary list. The following information shall be listed on the plan:

(a) Total acreage of site.

(b) Applicable zoning district(s).

(c) Total number of lots and dwelling units in the project.

(d) Density of dwelling units per acre.

(e) Required minimum lot area.

(f) Any common open space required and proposed.

(g) Whether a public water system or individual wells or another system is proposed.

(h) Whether a public sewer system or individual septic systems or another system is proposed.

(i) Linear feet of new street.

(j) Deed source: volume and page.

(k) Tax Map: block and lot.

(l) Required minimum setbacks.

(m) Required and proposed ratio of parking spaces to dwellings and other uses (with method of calculation).

(n) Required maximum and proposed building and impervious coverage.

(6) Proposed features.

(a) Lot area shown on each lot expressed in both square feet and acres, and minimum lot width at minimum building setback line.

(b) Streets.

[1] Cartways and right-of-way width.

[2] Center line with horizontal curve data, bearings, distances and stations corresponding to the profile.

[3] Rights-of-way and curblines with horizontal curve radii at intersections.

[4] Beginning and end of proposed construction curbing.

[5] Proposed improvements to existing and abutting streets (including cartways widening, right-of-way dedication, alignment improvements and construction improvements).

[6] Tie-ins by courses and distances to intersection of all public roads, with their names and widths of cartways and rights-of-way.

[7] Sidewalks, with locations of handicapped ramps at intersections and any pedestrian pathways and bikeways.

(c) Setbacks. Required minimum setback lines shown on each lot.

(d) Common open space (if proposed).

[1] Location and size of each area of common open space.

[2] Method of ownership and maintenance responsibilities for any common open space.

[3] Description of the intended purposes, improvements, and facilities within the common open space.

(e) In projects of other than only single-family detached dwellings, proposed buildings and land uses, including the following:

[1] Identification number for any proposed buildings on lots that would include more than one building.

[2] Any proposed outdoor storage or display or other special use areas.

[3] For a townhouse or garden apartment development, any proposed methods to ensure outdoor privacy between any semiprivate areas.

[4] Arrangement of parking spaces, aisles within parking lots and off-street loading areas and other paved areas.

[5] Illustrative sketches of buildings are strongly encouraged.

[6] The number, area, height and location of signs.

[7] The proposed routing within the site for truck traffic.

[Added 6-19-2006 by Ord. No. 04-06]

(7) Natural features:

(a) Steep slope areas: 15% to 25%, and over 25%.

(b) Locations of various soil types (see County Soil Survey), with key characteristics described for each (such as whether it is hydric, or has a depth to water table or to bedrock of less than three feet).

(c) Watercourses, natural springs and lakes (together with names, if any), and wetlands, rock outcrops, closed topographical depressions (including but not limited to sinkholes), and other features evidencing ground subsidence.

[Amended 1-15-2001 by Ord. No. 1-01]

(d) Location and classification of areas within the one-hundred-year floodplain (see Official Floodplain Map).

(8) Buildings estimated to be over 100 years in age that will be impacted, and their name and description.

(9) Location of proposed monuments with reference to proposed improvements.

(10) The approximate locations of the following within 200 feet of the boundaries of the site shall be shown: existing and proposed streets, buildings, detention basins, common open spaces, lots, drainage channels.

F. Grading and stormwater management plan: required information:

(1) Contour lines.

(a) Existing and proposed contour lines at minimum intervals of:

[1] Two feet (if average slope is between 0% and 10%).

[2] Five feet (if average slope is greater than 10%).

(b) These contour intervals shall be based on a field survey or photogrametric procedure at a scale of one inch equals 100 feet or larger. Extrapolation from USGS maps shall not be acceptable. Contours shall be based upon USGS datum. A benchmark shall be indicated within the site based upon USGS datum.

(2) Street center lines and stationing.

(3) Storm drainage.

(a) Locations of existing and proposed stormwater facilities, including detention basins (with capacity, side slope, grading and depth), swales (with capacity), pipes (with sizes) and inlets (with invert elevation of flow line and grade at the top of each inlet).

(b) Watershed areas for each drainage structure or swale.

(c) Drainage easements.

(d) Required design year standards for culverts, bridge structures and/or other storm facilities.

(e) Location of all underground utilities.

(f) Entity proposed to own and maintain any detention basin.

(g) Stationing of storm sewers (with stations corresponding to profile).

(h) See also the requirements of Chapter 218, Stormwater Management, of the Code of the Township of Bethlehem.

(i) Benchmark of vertical control based upon USGS datum.

G. Utility plan: required information:

(1) If on-lot sewage disposal systems are proposed:

(a) Existing and proposed contour lines.

(b) Proposed location of wells.

(c) Proposed or typical location of dwelling.

(d) Proposed location of each subsurface disposal field and an alternate field for each lot.

(e) Location of percolation test holes and soil probe pit.

(f) Permanent and seasonal high water table areas.

(g) All existing wells and septic systems within 100 feet of the project.

(2) If a centralized sewage system is proposed:

(a) Location and size of lines and laterals, with stations of lines corresponding to the profile.

(b) Locations of manholes, with invert elevation of flow line and grade at top of each manhole.

(c) Property lines and ownership, with details of easements where required.

(d) Beginning and end of proposed construction.

(e) Location of all other drainage facilities and public utilities in the vicinity of sanitary sewer lines.

(f) Distance of sanitary sewer connections that will be needed to reach existing lines.

(g) Manhole numbers assigned by the Township Municipal Authority.

(h) Separation distances from water lines and locations of concrete encasements.

(3) If centralized water service is proposed:

(a) Location and size of waterlines.

(b) Fire hydrant locations.

(c) Distance of water line connections that will be needed to reach existing lines.

(4) If on-lot water system is being proposed, location of all wells (existing and proposed) and all existing septic systems within 100 feet of the project boundaries.

(5) Existing and proposed street and parking lot lighting.

(6) Utility easements and restrictive covenants and easements for purposes which might affect development.

(7) Underground utility lines (including water, sewer, gas electricity and telephone) and any overhead electrical high-voltage lines.

(8) The following items shall be shown on the plan using the symbols shown:

H. Landscaping plan: required information:

(1) Tree lines, forested areas and other areas of substantial vegetation (including locations, general types and trunk diameter of all trees outside of a forested area that have a trunk diameter of greater than six inches measured four feet above the original grade).

(2) General types, sizes and locations of any required street trees (see § 230-71), paved area landscaping (see § 275-171 of Chapter 275, Zoning, of the Code of the Township of Bethlehem), buffer yard screening (see § 275-171 of Chapter 275, Zoning) and any other major proposed landscaping.

(3) Existing trees, woods and areas of substantial vegetation to be retained and protected or removed during development.

(4) Existing and proposed topographic contours and existing and proposed buildings and paving.

(5) Proposed fencing and/or landscaping around any stormwater detention basin (see § 230-61).

(6) Any proposed earthen berms or acoustic barriers.

I. Erosion and sedimentation plan. Shall comply with the DEP Soil Erosion and Sedimentation Manual and the regulations of the County Conservation District and DEP.

J. Road profiles: required information:

(1) Profile of existing and proposed ground surface along center line of street.

(2) Proposed center line grade with percent on tangents and elevations at 50 feet intervals.

(3) All vertical curve data including length, elevations and minimum sight distance as required by Article X.

K. Water main, sanitary sewer and storm drain profiles: required information:

(1) Profile of proposed ground surface with elevations at top of structures (including manholes).

(2) Profile of water main, storm sewer and sanitary sewer lines, with stationing at all structures and invert elevations.

(3) All line crossings of other utilities.

(4) Pipe sizes, lengths and slopes (if necessary).

§ 230-31 Required supportive documents and information.

A. General information.

(1) All private deed restrictions or covenants already imposed or to be imposed as a condition to sale that are relevant to the development of the land.

(2) Map of all property holdings of the owner within 1,000 feet of the proposed project, indicating the project's location. A sketch plan of a general proposed street system that might eventually serve all of these property holdings contiguous to the proposed project (USGS or Township Zoning Map is suggested).

B. Certification of central water service.

(1) If the subdivision or land development is to be served with water by an existing water company or authority, the developer shall submit a copy of a letter from such water company or authority which states that the company or authority can adequately serve the subdivision and which states or references any conditions required by the company or authority for the provisions of services.

(2) If water service is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision or land development, the applicant shall present evidence to the Township that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility, as permitted by the Township. This evidence shall include a copy of one or more of the following as appropriate:

(a) The "certificate of public convenience" from the PA Public Utility Commission; or

(b) A copy of an application submitted for such certificate; or

(c) A cooperative agreement or a commitment or agreement to serve the area in question.

C. Certification of a central sewage system.

(1) Public. If the subdivision or land development is to be served by an existing sewer company or authority, the developer shall submit a copy of a letter from the company or authority which states that the company or authority can adequately serve the subdivision and which states or references any conditions required by the company or authority for the provision of services.

(2) Nonpublic. If the subdivision or land development is to be served by a nonpublic central sewage disposal system, the developer shall submit a copy of a completed planning module for land development, and shall provide sufficient information to show that the proposed system would be reasonably feasible, within DEP regulations, and that an acceptable system would be put into place for the operation and maintenance of the system.

D. Certification of on-lot sewage system. When the subdivision or land development is to be served by individual on-lot sewage disposal system, the developer shall submit a copy of a completed planning module for land development application.

E. PennDOT review. The applicant shall submit a copy of any information that may have been submitted to PennDOT and any correspondence from PennDOT regarding the proposed access to state streets.

F. Statement of compliance with floodplain regulations. If the project would include or be adjacent to any area within the one-hundred-year floodplain or any watercourse, a statement from the Zoning Officer indicating that the proposed subdivision or land development would be in compliance with the floodplain regulations of the Township.[1]

[1] Editor's Note: See Ch. 135, Floodplain Management.

G. Developer/landowner involvement. A statement shall describe the nature of the landowner's and the developer's involvement in the proposed development.

H. Streets.

(1) Designation of the streets that are proposed to be public or private.

(2) Method of ensuring maintenance of any private street.

I. Variances. Variances being requested to this chapter.

J. Traffic study. If required by § 275-179 of Chapter 275, Zoning, of the Code of the Township of Bethlehem.

K. Zoning variances. Copies of the decisions of any zoning variances that are relevant to the proposal.

L. Stormwater calculations. See the requirements of § 230-61.

M. Sewage module. A copy of the completed application to DEP of the sewage planning module, if applicable.

N. Erosion and sedimentation. A narrative describing the proposed methods to control soil erosion and sedimentation.

O. Wetlands. Sufficient information to show that any wetlands have been accurately delineated by a qualified professional.

P. Commercial and industrial operations (if the uses are known). A written description of any proposed commercial, industrial or storage operations in sufficient detail to indicate any noise, glare, smoke and fumes nuisances and to allow a general determination of possible fire or other hazards from the use of highly toxic or hazardous substances or other public health or safety hazards. An estimate of the amount, direction and times of tractor-trailer traffic that is expected.