[Ord. 2001-08, 11/8/2001, § 3.01]
1.
The procedures established in this Chapter are intended to define
the steps by which a property owner or developer shall make an application,
design a subdivision plan, record plans, construct and maintain improvements,
and by which the Planning Commission and Board of Supervisors may
review, make recommendations, approve or disapprove the plans, and
otherwise administer this Chapter.
2.
For those subdivisions or land developments hereinafter classified
as Minor Subdivisions or Land Developments, a Sketch Plan and abbreviated
Final Plan procedure is established. For all others which are classified
as Major Subdivisions or Land Developments, a Preliminary Plan and
Final Plan procedure is established.
[Ord. 2001-08, 11/8/2001, § 3.02]
The Board of Supervisors shall make available to applicant/developer copies of these subdivision and land development regulations, the Zoning Ordinance [Chapter 27], the Stormwater Ordinance, and other adopted regulations, the Official Map, and other information which may affect the development of the property under consideration. Applications for approval of a subdivision or land development shall be in accord with this Chapter and all other applicable regulations, ordinances, or statutes.
[Ord. 2001-08, 11/8/2001, § 3.03]
1.
Prior to the formal submission of a Major or Minor Subdivision Plan
or Land Development Plan for review and approval, the applicant/developer
may submit a Sketch Plan to the Planning Commission and Board of Supervisors
for advice on the requirements necessary to achieve conformity to
the standards of this Chapter, as well as, to alert the applicant/developer
as early as possible to factors which must be considered in the design
of a subdivision or land development, such as pertinent elements of
any County or Township land use and community plans.
2.
Such Sketch Plan submissions are not required but, if they are provided,
they are considered informal in nature. The Board of Supervisors shall
be under no obligation to respond formally or informally to such a
submission. All opinions and advice given to the prospective applicant
during a Sketch Plan review will be unofficial and not binding on
the Board of Supervisors or applicant/developer.
[Ord. 2001-08, 11/8/2001, § 3.04]
2.
The Board of Supervisors may approve the plan as submitted, reject
the plan for reasons stated, or approve the plan subject to reasonable
conditions acceptable to the Applicant. The action of the Board, including
any conditions imposed, shall be transmitted to the applicant/developer
by Certified Mail requesting that the applicant/developer accept or
reject such conditions, in writing, within 10 days of receipt of such
notification, and advising the applicant/developer that the Board's
approval of the plan shall be rescinded automatically upon the applicant/developer's
failure to accept the imposed conditions, in writing, within said
10 days.
3.
Upon approval of the Minor Subdivision Plan, the Township Secretary
and the Board Chairman will sign all copies and certify that it was
approved on the date shown. Two certified paper copies will be returned
to the applicant/developer. The certified reproducible copy shall
be retained in the Township file for certification referral and under
no circumstances shall be altered, revised, or defaced without resubmittal.
In no case shall a building permit be issued without prior certification
of the Minor Subdivision or Land Development Plan for any lot or development
shown thereon and the recording of the plan.
[Ord. 2001-08, 11/8/2001, § 3.06]
One Mylar copy is to be recorded in the Office of the Recorder
of Deeds of Northampton County. Recording data shall be entered on
the reproducible copy retained in the Township file. The Township
shall record the approved Final Plan within 90 days of approval (or
within 90 days of the applicant/developer meeting all approval conditions).
The Final Plan shall be construed as representing the final "as-built"
development. A copy of the Final Plan shall be furnished to the Lehigh
Valley Planning Commission, Applicant/Developer, and Township Engineer.
[Ord. 2001-08, 11/8/2001, § 3.06]
2.
If the Board of Supervisors approves the Preliminary Plan, 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.
3.
The Board of Supervisors may approve the plan as submitted, reject
the plan for reasons stated, or approve the plan subject to reasonable
conditions acceptable to the applicant. The action of the Board, including
any conditions imposed, shall be transmitted to the applicant/developer
by Certified Mail, requesting that the applicant/developer accept
or reject such conditions, in writing, within 10 days of receipt of
such notification, and advising the applicant/developer that the Board's
approval of the plan shall be rescinded automatically upon the applicant/developer's
failure to accept the imposed conditions, in writing, within said
10 days.
4.
Where no Final Plan, for all or part of the approved Preliminary
Plan, is filed and accepted within five years from the date of the
original Preliminary Plan submission, such approval shall no longer
be effective for that section or those sections not finalized, unless
extended in writing by the Board of Supervisors in its sole discretion.
5.
Prior to any construction of improvements called for by Preliminary
Plan approval, the applicant/developer shall enter into an Inspection
Agreement with the Board of Supervisors insuring the proper inspections
of all improvements.
[Ord. 2001-08, 11/8/2001, § 3.07]
1.
The application for Final Plan approval shall be processed in accordance
with the procedures detailed in Appendix D.
2.
The Board of Supervisors may approve the plan as submitted, reject
the plan for reasons stated, or approve the plan subject to reasonable
conditions acceptable to the Applicant. The action of the Board, including
any conditions imposed, shall be transmitted to the applicant/developer
by Certified Mail, requesting that the applicant/developer accept
or reject such conditions, in writing, within 10 days of receipt of
such notification, and advising the applicant/developer that the Board's
approval of the plan shall be rescinded automatically upon the applicant/developer's
failure to accept the imposed conditions, in writing, within said
10 days.
3.
A Final Plan may be approved by the Board of Supervisors when the required improvements have been installed in strict accordance with the certified Preliminary Plan and Township Standards and Specifications, or the Board of Supervisors is assured by means of a proper completion guarantee in the form of security acceptable to the Township Solicitor and/or the Board of Supervisors, sufficient to cover the cost of the improvements (in an amount as stipulated in § 22-312(2)), that the improvements will subsequently be installed. In no case shall a building permit be issued or a lot sold without prior certification of a Final Plan and the recording of the Final Plan.
4.
Upon approval of the Final Plan, the Township Engineer shall sign
all copies certifying that the Final Plan conforms with the approved
Preliminary Plan and that the improvements have been installed or
guaranteed; the Township Secretary shall sign all copies certifying
that the Final Plan was approved by the Board of Supervisors on the
date shown. Two signed paper copies will be given to the applicant/developer.
5.
One Mylar copy is to be recorded in the Office of the Recorder of
Deeds of Northampton County. Recording data shall be entered on the
reproducible copy retained in the Township file. The Township shall
record the approved Final Plan within 90 days of approval (or within
90 days of the applicant/developer meeting all approval conditions).
The Final Plan shall be construed as representing the final, "as-built"
development. One copy of the Final Plan shall be furnished to the
Lehigh Valley Planning Commission.
[Ord. 2001-08, 11/8/2001, § 3.08]
The developer or applicant will be required to pay the following
fees and costs during the application and construction phases of his
subdivision or land development.
A.
Filing fees for applications shall be set by resolution by the Board
of Supervisors and posted at the Township Building. These fees are
intended to cover the Township cost of handling, mailing, and Township
personnel administration of plan reviews.
B.
Filing fees for applications or permits required for submission of
plans and/or permit applications to other review agencies.
C.
Municipal Expense Reimbursement Cost. The applicant or developer
is to reimburse the Board of Supervisors for review, approval, and
inspection costs associated with subdivision and land development
plans and improvements. These costs shall be reimbursed to the Board
of Supervisors via the Township's escrow account system.
[Ord. 2001-08, 11/8/2001, § 3.09]
1.
In no case shall any construction of required improvements be done
without notifying the Township Engineer.
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At least three working days' notice shall be given to the Township
Engineer prior to any such construction so that a representative of
the Township Engineer may be present at the time the work is to be
done, if deemed necessary.
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2.
The Township Engineer shall be notified at each of the following
phases of the work so that he or his representative may inspect the
work:
A.
Grading of rights-of-way and during fill operations.
B.
Setting form of crosswalks and sidewalks.
C.
Preparation of road subgrade.
D.
Setting curb and/or gutter forms.
E.
Installation of road and/or sidewalk base.
F.
Prior to road paving or placing concrete.
G.
Road paving after each coat in the case of priming and sealing.
H.
Installation of drainage pipe and other drainage structures and before
backfilling.
I.
Installation of sanitary sewer laterals, submains, mains, and appurtenances
before backfilling and treatment plants before construction.
J.
Installation of water and sewer submains, laterals, and appurtenances
before backfilling and wells and pumping storage facilities before
construction.
K.
During backfill of trenches.
L.
During testing of utility lines.
M.
During repairs.
3.
Final Inspection. Upon receipt of Notice of Completion from the developer,
the Board of Supervisors shall request the Township Engineer to conduct
a final inspection of all improvements and utilities to determine
whether the work is satisfactory and in substantial compliance with
the approved Preliminary or Final Plan drawings and specifications.
The general condition of the site shall also be considered.
4.
Construction inspection is required by the Board of Supervisors to
verify that the improvements proposed and required are being installed
to Township specifications and approved drawings. The inspector is
not provided as a representative of the applicant/developer and the
Township Inspector has no authority to direct contractors in construction
means and methods or safety matters.
5.
The applicant/developer is responsible to reimburse the Township
for inspection costs via the Township's Escrow System. The applicant/developer
is also responsible to perform and pay for any laboratory or other
testing of materials deemed appropriate by the Township.
[Ord. 2001-08, 11/8/2001, § 3.10]
1.
A maintenance inspection of all the improvements and utilities will
be made by the Township Engineer to determine whether the improvements
have been maintained and kept in good serviceable condition.
2.
The Township Engineer shall report his findings, in writing, to the
Board of Supervisors and to the applicant/developer.
3.
The applicant/developer shall be notified by certified letter, return
receipt requested, of all required improvements which fail to pass
the maintenance inspection of the Township Engineer. All such improvements
shall be repaired by the applicant/developer to specifications acceptable
to the Board of Supervisors within 60 days of such notification by
the Board of Supervisors.
4.
All such repairs shall be performed and inspected in accordance with
the requirements for new construction. Final inspection shall be made
no less than two weeks prior to the release date of the maintenance
security or no later than four weeks after notice has been given by
the applicant/developer that all requested repairs have been completed,
whichever last occurs.
5.
An extension of time to repair improvements may be granted by the
Board of Supervisors upon written request of the applicant/developer.
[Ord. 2001-08, 11/8/2001, § 3.11]
Upon completion of improvements in areas required or intended
for dedication to the Board of Supervisors (or applicable Authority)
or upon request of the Board of Supervisors, the applicant/developer
shall execute a Deed of Dedication and a Maintenance Agreement, in
a form satisfactory to the Township Solicitor for the land or easement
being dedicated and the improvements thereon and the applicant/developer
shall deliver such Deed and Maintenance Agreement to the Board of
Supervisors (or applicable Authority) within 60 days of the completion
of the designated improvements. The applicant/developer shall have
no more than two years to complete the improvements from the date
of the approval of the Final Plan and the signing of the Development
Agreements by the Board of Supervisors, unless an extension of time
is granted by the Board of Supervisors.
A.
The Deed of Dedication should include:
(1)
One original executed Deed and three copies.
(2)
Only one street or parcel of ground for each deed.
(3)
A legal description of the property being dedicated with references
to the Subdivision or Land Development Plan which shows the land to
be dedicated and with a reference to the date the plan was recorded
and the Map Book and Page Number of the Record Plan.
(4)
An engineering drawing of the land being dedicated on 8 1/2
inch by eleven-inch paper. If the land being dedicated is a street,
the plan should show the width of the right-of-way, width of paving,
length of street in feet, and length of street in miles.
B.
Upon review of all documents and upon a specific finding that:
(1)
The applicant/developer has satisfactorily completed required
improvements in the area being dedicated, and
(2)
The applicant/developer has entered into an eighteen-month Maintenance
Agreement and posted maintenance security in a form and amount satisfactory
to the Board of Supervisors, and
(3)
The area being dedicated has legal access to existing Township
rights-of-way, and
(4)
There is a public need or good served by the land area being
dedicated.
C.
The Board of Supervisors (or Authority) may, at their sole discretion,
accept such dedication in the manner provided by law.
[Ord. 2001-08, 11/8/2001, § 3.12]
1.
Agreement. Prior to final approval of any Major Subdivision or Land
Development, the applicant/developer shall construct all required
improvements and obtain approval, thereof, or execute Improvements
Development Agreements or a Contract approved by the Board of Supervisors
agreeing to construct the required improvements as shown on the approved
Preliminary Plans and Final Plan. The Improvements Development Agreements
shall be guaranteed by financial performance security. The deadline
for completion of improvements shall be 12 months from date of the
Agreement unless an extension is granted by the Board of Supervisors,
but no later than five years from the date of Preliminary Plan submission.
2.
Performance Security. Prior to final plan approval of any major subdivision
or land development, the applicant/developer shall construct all the
required improvements and obtain final approval, thereof, or provide
sufficient financial security in an amount stipulated in the Subdivision
Improvements Development Agreements and in a form approved by the
Township Solicitor and Board of Supervisors to guarantee the performance
construction of the above required improvements and to secure the
completion of the improvements listed with the Subdivision Improvements
Development Agreements within the time specified.
A.
Amount of Guarantee. The amount of financial security to be posted
for the completion of the required improvements shall be equal to
110% of the cost of completion estimated as of 90 days following the
date scheduled for completion by the applicant/developer. Annually,
the Board of Supervisors may adjust the amount of the financial security
by comparing the actual cost of the improvements which have been completed
and the estimated cost for the completion of the remaining improvements
as of the expiration of the ninetieth-day after either the original
date scheduled for completion or a rescheduled date of completion.
B.
Subsequent to said adjustment, the Board of Supervisors may require
the applicant/developer to post additional security in order to assure
that the financial security equals said 110%. Any additional security
shall be posted by the applicant/developer in accordance with this
subsection.
C.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in the Commonwealth of Pennsylvania and certified
by such engineer to be a fair and reasonable estimate of such cost
as evaluated at the Prevailing Wages set by the Pennsylvania Department
of Labor and Industry (or its heirs or assigns). The Township Engineer
shall review and approve the cost estimate or, for good cause, refuse
to accept the estimate, in which case he shall calculate an accurate
cost estimate of the required site improvements.
D.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% of each year period beyond the first
anniversary date from posting of financial security or to an amount
not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above-bidding procedure. An applicant/developer
who fails to complete the improvements within the allotted time specified
in the financial guarantee, shall, at least 30 days in advance of
the guarantee expiration date, renew or resubmit a financial guarantee.
Failure to keep a financial guarantee in effect until completion and
approval of all improvements shall be a violation of this Part.
3.
Remedies to Effect Completion of Improvements. In the event that any required improvements have not been installed as provided in this Chapter or in accordance with the approved Final Plan, the Board of Supervisors is hereby granted the power to enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, as its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the applicant/developer or both, shall be used solely for the installation of the improvements covered by such security and not for any other Township purpose. Failure to properly install the required improvements shall also constitute a violation of this Chapter punishable as provided by § 27-705 of this Chapter.
[Ord. 2001-08, 11/8/2001, § 3.13]
The applicant/developer shall agree to indemnify and save harmless
the Township, its employees, the Board of Supervisors, and the Township's
professional consultants against and from any and all loss, cost,
damage, liability and expense on account of damage to property of
or injury to or death of any person of the parties thereto or third
person caused by, growing out of, or in any way whatsoever attributable
to the construction of subdivision and land development improvements
and the use of the street delineated on the subdivision plat during
construction. The applicant/developer shall further agree, but without
limiting its liability to indemnify the Township, its employees, the
Board of Supervisors, and the Township's professional consultants
Engineer to carry liability insurance contracts with a reliable insurance
company covering the period of said construction in the sum of $500,000
to $1,000,000 for injury to or death of person(s) and in the sum of
$200,000 for damage to or destruction of property, which insurance
contracts shall include the Township, its employees, the Board of
Supervisors, and the Township's professional consultants Engineer
as named insured.
[Ord. 2001-08, 11/8/2001, § 3.14]
An application for resubdividing or vacation of a Subdivision
or Land Development Plan shall be made by the owner or owners thereof
to the Board of Supervisors in the same form as for an original subdivision
application along with all required maps and other information. The
original lots shall be shown by dotted lines, lot numbers, and other
references made to previously recorded subdivision plan.
[Ord. 2001-08, 11/8/2001, § 3.15]
1.
No Building or Zoning Permit shall be issued or building construction
commenced until the Final Plan is recorded at the Northampton County
Courthouse.
2.
Occupancy permits shall not be issued until:
A.
All street improvements are constructed from a now existing paved
street to and across the front of the lot on which the house is located
and/or to a sufficient depth along the side of the lot to service
any driveway or parking spaces. For the purposes of this policy, street
improvements are defined as, curbing, storm sewer and at least one
course of roadway paving.
B.
The Township receives certification from the water provider, if any,
that the water lines and hydrants have been installed, inspected,
tested and approved for use by future occupants of the lots.
C.
The Township received certification from the sewer provider (if serviced
by public sewer) that the sewer system has been installed, inspected,
tested, and approved for discharge by future occupants of the lot.
D.
The Township receives an acceptable final inspection report for any
onlot sewer facilities from the Township Sewage Enforcement Officer
if onlot sewer is provided.
E.
All applicable building codes have been met.
F.
Any applicable notes or restrictions contained on the relevant subdivision
plan regarding occupancy have been met.
