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.
[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:
(b)
Original and 15 copies of the application form
(see Appendix A), 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]
(c)
Four copies of the preliminary plan checklist (see Appendix
B).
(d)
14 print copies of the preliminary plan.
(e)
Four sets of supportive documents.
(f)
12 copies of all relevant correspondence and review letters.
(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 print copies of the preliminary plan.
(b)
Four sets of any new and/or revised supportive documents.
(c)
12 copies of any new relevant correspondence and review letters.
(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).
(e)
Parks and Recreation Committee.
(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 (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.
(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 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).
(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.