[Ord. 01-11, 6/21/2001, § 501]
1.
Unless the final plan submission is made within five years of the
date of the preliminary plan submission or unless the Board of Supervisors
grants an extension, in response to a written request which is submitted
within five years of the date of the preliminary plan approval, the
preliminary plan approval shall be considered void. A new preliminary
plan submission will be required if the previous approval is void.
The plans shall be submitted to the Township.
2.
The final plan shall conform in all significant respects to the preliminary
plan as previously approved, but shall incorporate all modifications
required by the Board of Supervisors or other governmental bodies.
The Township Planning Commission may, however, accept a final plan
modified so as to reflect any substantial changes which have occurred
on the site of the proposed subdivision or in its surroundings since
the time of the preliminary plan approval.
3.
Official submission of a final plan to the Community Development
Department shall comprise the following:
[Amended by Ord. 2011-4, 7/7/2011; by Ord.
No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
A.
Submission of one copy of a completed final subdivision or land development
application.
B.
Submission of three sets of paper prints of the final plan, which shall fully comply with provisions of the Chapter as set forth in § 22-403.
D.
Any deposit tendered by a developer to reimburse the Township for professional fees shall be utilized in plan review, construction observation and in administration of the development or subdivision proposed, including fees and costs incurred in enforcement of the provisions of this Chapter, the Zoning Ordinance (Chapter 27), and any subdivision improvement or maintenance agreement entered into between developer and the Township. Such deposit, while retained by the Township, shall be maintained in a non-interest-bearing account, and the unused portion of the deposit shall be returned to the developer at the conclusion of all work accomplished on the development or subdivision.
E.
Electronic submission to the Township or CD containing all submitted
information as set forth above.
F.
Submission of construction cost estimate to establish financial security
for construction of public improvements.
G.
Descriptions
and plats for rights-of-way and easements to be dedicated to the Township
or a Homeowners' Association.
4.
The Township shall distribute one set of the plans and one set of
the supplemental information to the Township Planning Commission.
Two sets of plans and one set of supplemental information, CD or electronic
submission to the Township Engineer.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
5.
Additional prints of the final plan shall be provided by the developer
for distribution to the respective agencies in each of the following
circumstances:
A.
Whenever a proposed subdivision or land development is located within
500 feet of the boundary or has a major infrastructure impact on another
municipality, one print of the final plan shall be submitted for each
additional or adjacent municipality to the respective municipality.
6.
The applicant shall submit one set of plans, all supplemental material
relevant to said agency unless included in the preliminary plan submission,
and required fees to the following agencies:
[Amended by Ord. No. 2021-14, 12/2/2021]
7.
A proper submission is due at 12:00 noon 30 days prior to the meeting
and shall include all the plans, CD or electronic submission, application
and a transmittal listing the submission items.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
8.
Resubmission shall meet the following conditions:
A.
Submission deadline is 12:00 noon, 30 days prior to the meeting.
[Amended by Ord. No. 2021-14, 12/2/2021; and by Ord. No. 2023-04, 5/4/2023]
B.
A proper resubmission shall include three complete sets of plans
and supporting documents and application noting submission as a revised
preliminary plan with a letter indicating the agenda on which this
plan should be placed. (Incomplete submissions and sheet substitutions
will not be accepted.)
[Amended by Ord. No. 2019-05, 8/1/2019]
C.
The Township
shall have five days from plan resubmission to determine if the submission
is complete. In the event a plan submission is determined to be incomplete,
all submission documents will be returned to the Applicant.
[Added by Ord. No. 2021-14, 12/2/2021[1]]
D.
A written response to the comments of the Township Engineer and staff
describing the type and locations made to address each comment.
E.
Revised plans shall note date of most recent revision on each altered
sheet and title page of the plan set.
F.
Electronic submission to the Township or CD containing all submitted
information.
[Added by Ord. No. 2019-05, 8/1/2019]
[Ord. 01-11, 6/21/2001, § 502]
1.
By the Township Planning Commission.
A.
When a final plan has been submitted to the Township and determined
to be a complete submission, such plan shall be placed on the agenda
of the Planning Commission for review at a meeting to be held within
30 days of the submission, provided that such submission has occurred
no less than 30 days prior to such meeting. The Planning Commission
may hold a public hearing on the final plan at this time.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
B.
The Planning Commission shall review the final plan to determine
its conformance with the standards contained in this Chapter and other
applicable Township ordinances and shall recommend such changes and
modifications as it deems necessary.
C.
The Planning Commission shall recommend to the Board of Supervisors,
in writing, that the final plan be approved or disapproved, together
with the documented findings upon which the recommendations are based.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
2.
By the Board of Supervisors.
A.
Within 90 days following the date of the regular meeting of the Planning
Commission next following the date of the application (unless the
next meeting does not fall in a thirty-day period following the date
of the application, in which case the ninety-day period commences
the 30th day following the date of the application), the Board of
Supervisors shall, in accordance with the provisions of relevant ordinances
and considering the recommendations of the Planning Commission, take
action by approving or disapproving the final plan. This time period
may be extended by action of the Board of Supervisors upon the receipt
of a written request for an extension of time from the applicant.
The Board of Supervisors shall document the findings upon which that
action is based and communicate them to the applicant within 15 days
from the date that the decision has been made. This communication
shall occur within the period provided for a decision in the first
sentence of this subsection. The decision and findings shall be communicated
to:
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
B.
The Board of Supervisors will not act to approve a plan that does
not meet all of the conditions of the Planning Commission recommendations
for approval. The determination that the Planning Commission's conditions
have been met will be based upon the review of the Township Engineer
and the Township staff of the last complete submission received from
the applicant. This complete submission with a transmittal and response
to the items contained in the Township Engineer review and Township
staff review must be submitted 30 days prior to the public meeting
at which the Board of Supervisors is expected to take action. If this
submission is not made 30 days prior to the meeting, the Board of
Supervisors may elect to act on the last plan properly submitted.
The Board of Supervisors may, at its sole discretion, elect to attach
conditions to its action to approve an application. Such conditions
will customarily be limited to the final payment of fees, the execution
of development agreements and posting of security, and the issuance
of all outside agencies' permits and the final issuance of a PennDOT
highway occupancy permit as long as such permit requirement is properly
noted on the plan.
[Amended by Ord. 2011-4, 7/7/2011; and by Ord. No. 2023-04, 5/4/2023]
C.
The applicant shall be provided with a form to indicate his acceptance
of the condition of approval imposed by the Board of Supervisors.
This form shall accompany the resolution of approval and must be signed
and returned by the applicant within 10 days of receipt. The failure
to sign and return such form shall be considered to be a rejection
of all of the conditions of the Board's approval, and the plans shall
be deemed denied.
[Amended by Ord. No. 2021-14, 12/2/2021]
[Ord. 01-11, 6/21/2001, § 504; as amended by by
Ord. 2011-4, 7/7/2011; and by Ord.
No. 2019-05, 8/1/2019]
1.
A final major subdivision and final major land development plan may
not be submitted to the Township Community Development Department
for Planning Commission consideration prior to the Board of Supervisors'
approval of a preliminary plan. A minor subdivision or land development
plan may be submitted as a preliminary/final plan.
[Amended by Ord. No. 2023-04, 5/4/2023]
2.
The final plans shall conform to the standards and data requirements as set forth for preliminary plans in § 22-403 of this Chapter.
3.
Two complete sets of final supporting maps/reports and approval letters
from other agencies shall be submitted with the record Mylar to the
Township submitted with the final plan submission.
4.
The following additional data shall be illustrated on the final plan.
A.
The latest source of title to the land, as shown by the deed, page
number and book of the Lehigh County Recorder of Deeds with an opinion
of title.
B.
The total tract boundary lines of the area being subdivided, with
bearings and distances shown to a hundredth of a foot and bearings
to 30 seconds. These boundaries shall be determined by accurate survey
in the field to an error of closure not to exceed one foot in 5,000
feet. The tract boundary shall be subsequently closed and balanced.
However, the boundary or boundaries adjoining additional unplatted
land of the subdivider (for example, between separately submitted
final plan sections) are not required to be based upon field survey
and may be calculated. The location of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided. In addition, the engineer or
surveyor shall certify to the accuracy of the survey, the drawn plan,
and the placement of the perimeter monuments.
[Amended by Ord. No. 2021-14, 12/2/2021]
D.
Block, lot numbers and street addresses and a statement of the total
number of lots; all lot lines shall be completely dimensioned in feet
if straight and, if curved, by designating length of arc and radius
(in feet) and central angle (in degrees, minutes and seconds). All
internal angles and tangents within the lots shall be designated to
the seconds; the proposed building setback and the proposed placement
of each building. The area of each lot shall be noted.
E.
All easements or rights-of-way and any limitations on such easements
or rights-of-way, including all easements or other limitations required
of the applicant by any governmental body. Rights-of-way shall be
shown and accurately identified on the plan, and easements shall either
be shown or specifically described on the plan, including bearings,
distances, and geometric location on the plan. Easements should be
located in cooperation with the appropriate public utilities; the
exact location of all utility line installations shall also be shown.
The terms of all easements or rights-of-way shall be stated in notes
on the plan, including the rights of connections by adjoining property
owners and utilities. A separate easement plan may be required to
depict multiple easements, as determined by the Township Engineer.
[Amended by Ord. No. 2021-14, 12/2/2021]
F.
Such private deed restrictions as may be imposed upon the property
as a condition to sale, together with a statement of any restrictions
previously imposed which may affect the title to the land being subdivided.
All private deed restrictions as noted in this paragraph shall be
summarized in notes on the plan or incorporated by reference to the
instrument of record.
G.
A statement of the intended use of all nonresidential lots or parcels,
with reference to restrictions of any type which exist or will exist
as covenants in the deed for the lots or parcels contained in the
subdivision and, if covenants are recorded, including the book and
page number of the register of the Lehigh County Recorder of Deeds.
H.
If the subdivision fronts on a state route, a note reading as follows
shall be placed on the plan: "A highway occupancy permit is required
pursuant to § 420 of the act of June 1, 1945 (P.L. 1242,
No. 428), known as the "State Highway Law," before driveway or road
access to a State highway is permitted."
I.
The location and elevation of all existing and proposed street monuments shall be provided as required by § 22-802E of this chapter.
[Amended by Ord. No. 2021-14, 12/2/2021]
J.
A certification of ownership, acknowledgment of plan and offer of
dedication and an acceptance clause for the Board of Supervisors shall
be lettered on the plan, duly acknowledged and signed by the owner
of the property, and notarized.
K.
A certification for approval of the plan by the Township Board of
Supervisors shall be provided; a certificate for the recommendation
for approval by the Township Planning Commission shall be provided;
all certificates shall be located in the bottom right corner of all
plans to be signed.
[Amended by Ord. No. 2021-14, 12/2/2021]
L.
A certification indicating review of the plan by the Lehigh Valley
Planning Commission shall be provided; space shall be left along the
lower edge of the sheet in order that the Lehigh County Recorder of
Deeds may acknowledge receipt and recording of the plan when it is
presented.
[Amended by Ord. No. 2021-14, 12/2/2021]
M.
If the final plan requires more than one sheet, a key diagram showing
the relative location of the several sections shall be drawn on each
sheet.
5.
The final plan shall be accompanied by the following.
A.
A plan showing the following information:
(1)
Location, size, pipe material and type, length, slopes, and
manhole invert and rim elevations of all sanitary sewer, water distribution
and storm drainage systems, and the location of all sanitary sewer
manholes (including Township standardized manhole numbering); storm
drainage manholes, inlets, culverts, and other structures; and water
system hydrants, valves, and other features.
[Amended by Ord. No. 2021-14, 12/2/2021]
(2)
Final profiles, typical sections and specifications for proposed
streets, sanitary sewers, water distribution systems and storm drainage
systems, each shown on one or more separate sheets.
(4)
Final location of utilities (sanitary sewer, storm sewer, water,
gas, electric, cable, etc.).
[Amended by Ord. No. 2021-14, 12/2/2021]
(5)
Location and type of any existing on-lot septic system facilities
and/or potable water supply wells.
[Added by Ord. No. 2021-14, 12/2/2021]
B.
A copy of the highway occupancy permit application and plans as submitted
to PennDOT for any road or driveway requiring access to a state route
which is appropriate for the type of access required, and an indemnification
agreement provided for any Township-submitted HOP applications.
[Amended by Ord. No. 2021-14, 12/2/2021]
C.
One copy of each deed and associated plats of any areas proposed
for dedication and/or easements to the Township in relation to the
subdivision or land development. An attorney's opinion of record title
shall be prepared by the developer's attorney to indicate the premises
is good and marketable, free of liens and encumbrances which would
adversely affect the ability to use the premises for the intended
purposes.
[Amended Ord. No. 2021-14, 12/2/2021]
D.
An analysis establishing traffic speed limits and traffic sign locations
for any roads established by the subdivision.
E.
A draft of disclosure to property owners for review and approval,
which will be recorded and required to be signed by the property owner
at the time of application for a building permit.
6.
In the case of a subdivision or land development proposed to be built in phases, stages or sections over a period of years, final plan requirements as listed in Subsections 4A through M of this section shall apply only to the phase, stage or section for which final approval is being sought. However, the final plan presented for the phase, stage or section must be considered as it relates to information presented for the entire subdivision or land development in the application for preliminary approval. Phasing of a subdivision or land development shall be proposed in an orderly manner so that each phase shall be able to serve as a stand-alone phase and/or tie into an existing phase of the subdivision or land development.
7.
On-Site Sewer. The record plan must show the perimeter of the proposed
absorption area for both a primary and secondary system, along with
soil profile excavation locations (indicating depth to limiting zone),
percolation test locations (indicating perc rate), and lope across
each test area.
[Amended by Ord. No. 2021-14, 12/2/2021]
9.
On-Site Water. The record plan must show the location of proposed
potable water supply well locations and applicable isolation distances.
[Amended by Ord. No. 2021-14, 12/2/2021]
[Ord. 01-11, 6/21/2001, § 503; as amended by Ord.
2011-4, 7/7/2011; and by Ord. No.
2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
1.
Within 120 days of the execution of the resolution approving the
subdivision, unless an extension has been granted in writing by the
Board of Supervisors, the applicant shall supply:
[Amended by Ord. No. 2023-04, 5/4/2023]
A.
Three paper reproducible prints of the record plans and three paper
prints of each plan in the set of final plans to the Township Engineer
meeting all plan conditions.
B.
The correct name and mailing address of the individual, company or
corporation who will be executing the developer's agreement. In the
case of a company, corporation or partnership, the name and office
held by the individual who will execute the agreement on behalf of
the company, corporation or partnership.
C.
Executed copies of agreements, easements, declarations of covenants,
deeds of dedication, including opinion of record title and statement
of values, copies of all other agency, permits and approval letters,
approved post-construction management plans and report, approved erosion
and sedimentation control plans and report, as required for the plan.
D.
Financial
security for construction of Public Improvements and payment of all
required fees shall be posted.
E.
In the
event an extension is not granted or items identified above are not
provided, the plan approval will be revoked, and the Applicant/Owner
will need to resubmit for approval of the plans.
2.
The Township Secretary or designated official shall distribute the
plans for signature by the Board of Supervisors and the Township Planning
Commission.
3.
Upon the placement of the signatures on the plan as required by Subsection 2 above, the Township Engineer shall obtain signatures of the Lehigh Valley Planning Commission. Upon the approval of the final plat (which is the date the plans are signed by the Board of Supervisors), the Township Engineer shall within 90 days after the date of the signatures by the Board of Supervisors, following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the of the recorder of deeds of Lehigh County.
4.
The Township Engineer shall distribute one set of recorded plans,
the original recorder's receipt and all supplemental information to
the Township Community Development Department and shall retain two
sets of recorded plans and all supplemental information.
[Amended by Ord. No. 2023-04, 5/4/2023]
