[Ord. 1998-12, 12/17/1998, § 400; as amended by
Ord. 2006-2, 8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XXXIX and
XL; and by Ord. 2011-12, 10/6/2011]
1.
Preliminary plans, and all required supplementary data, for all proposed
subdivisions and land developments shall be submitted to the Township
Engineer.
2.
Official submission of a preliminary plan to the Township Planning
Department shall comprise the following:
A.
Submission of one copy of a completed preliminary subdivision or
land development application.
B.
Submission of seven full sets of paper prints of the preliminary plan and seven abbreviated sets of paper prints (including the site, landscaping, lighting, grading, and utility plans as well as all sheets which will be recorded) which shall fully comply with provisions of this chapter as set forth in § 22A-403. Also submission of a disk with all plans in an electronic format acceptable to the Township, preferably PDF.
D.
Any deposit tendered by 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, which deposit shall be returned to developer at the conclusion of all work accomplished on the development or subdivision (if not utilized to fulfill the purposes of the deposit), less an administrative charge of 1% per annum. In no event, however, shall the administrative charge retained be less than $50 per annum.[1]
[1]
Editor's Note: Former Subsection 2E, which provided for copies
of the Township's contract for professional services and which immediately
followed this subsection, was repealed 3/17/2016 by Ord. 2016-05.
3.
The Township Planning Department shall distribute the plans and other
material as follows:
[Amended by Ord. 2016-05, 3/17/2016]
A.
Seven sets of the plans and two sets of the supplemental information
to the Township Planning Commission. Two sets of the plans and one
set of supplemental information to the Township Engineer.
B.
The Township Secretary shall retain one set of the plans and one
set of the supplemental material.
C.
Additional prints of the preliminary plan shall be submitted by the
developer to the Township Engineer for distribution to the respective
agencies in each of the following circumstances:
(1)
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 preliminary plan shall be
submitted to the respective municipalities and the following letter
should be forwarded: This is a development in your proximity and Lower
Macungie Township would like to know if you have any concerns regarding
same. This plan will be reviewed at the Planning Commission's
meeting on (date); therefore, the Township would appreciate receiving
your comments prior to that date.
4.
The applicant shall submit one set of plans, all supplemental material
relevant to said agency, and required fees to the following agencies,
where applicable:
[Amended by Ord. 2016-05, 3/17/2016]
A.
Lehigh Valley Planning Commission.
B.
Lehigh County Conservation District.
C.
PennDOT (whenever the property being subdivided abuts a state road).
D.
U.S. Army Corps of Engineers, where applicable.
E.
Pennsylvania Department of Environmental Protection, where applicable.
F.
Lehigh County Authority (whenever the submission involves the use
of public water supply).
[Ord. 1998-12, 12/17/1998, § 410; as amended by
Ord. 2006-2, 8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XLI; and by
Ord. 2011-12, 10/6/2011]
1.
By the Township Planning Commission.
A.
The Planning Commission shall review the preliminary plan to determine
its conformance with the standards contained in this chapter and other
applicable Township ordinances, and shall recommend such changes and
modification as it deems necessary.
B.
No action shall be taken by the Township Planning Commission with
respect to a preliminary plan until it has received and considered
the written report of the Lehigh Valley Planning Commission; provided,
however, that if the Lehigh Valley Planning Commission shall fail
to report thereon within 30 days after receipt of the preliminary
plan, then the Township Planning Commission may officially act without
having received and considered such report.
C.
For any preliminary plan or sketch plan for which the applicant is
seeking a zoning variance or a special exception, the Planning Commission
shall be afforded, by the applicant, an opportunity at a Planning
Commission meeting at least 20 days prior to any Zoning Hearing Board
meeting at which such requests are scheduled to be heard, to make
recommendations to the Zoning Hearing Board concerning such variance
or special exception requests. Such Planning Commission recommendation
may be made prior to receipt of any report on the plan from the Lehigh
Valley Planning Commission.
D.
The Planning Commission shall not take any action with respect to a preliminary plan (including any recommendation to the Board of Commissioners regarding requests for waivers/modifications of this chapter under § 22A-1105 of this chapter, or any recommendation regarding preliminary plan approval) until it has received and considered the written report of the Lehigh Valley Planning Commission; provided, however, that if the Lehigh Valley Planning Commission shall fail to report thereon within 30 days after its receipt of the preliminary plan, then the Planning Commission may take action without the report.
E.
Within 60 days after the first meeting following the submission of
the preliminary plan, providing that such submission has occurred
no less than 21 days prior to such meeting, unless extended, the Planning
Commission shall recommend to the Board of Commissioners, in writing,
that the preliminary plan be approved or disapproved together with
the documented findings upon which the recommendations are based.
With the recommendations, the Planning Commission shall forward one
set of plans and one set of all supplemental material to the Board
of Commissioners.
2.
By the Board of Commissioners.
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
thirtieth day following the date of the application), the Board of
Commissioners shall, in accordance with the provisions of relevant
ordinances and considering the recommendations of the Planning Commission,
take action by approving or disapproving the preliminary plan. This
time period may be extended by action of the Board of Commissioners
or the Planning Commission upon the receipt of a written request for
an extension of time from the applicant. The Board of Commissioners
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 section. The decision
and findings shall be communicated to:
[Ord. 1998-12, 12/17/1998, § 420; as amended by
Ord. 2006-2, 8/17/2006; and by Ord. 2010-07, 7/1/2010, Art. IV]
1.
The preliminary plan of a proposed subdivision shall be clearly and
legibly drawn to a minimum scale of one inch equals 50 feet.
3.
If the subdivision layout requires more than one sheet or if the
subdivision involves more than one section or phase, a title sheet
shall be provided. The title sheet shall include the road and lot
layout plan at a minimum scale of one inch equals 200 feet. The plan
shall illustrate the boundaries of the areas covered on the different
sheets, sections and phases. If the subdivision is for a section or
phase of a subdivision the relevant section or phase shall be differentiated
in pattern from the remaining sections. The plan shall also indicate
roads within 200 feet of the site and shall include an index of the
plans.
4.
The preliminary plan shall illustrate the following data:
A.
Name and address of record owner; name of developer if different
from owner; names of all adjoining subdivisions, if any, and the names
of owners of all adjacent unplatted land, with the tax map, block
and lot numbers where recorded.
B.
Name of the proposed subdivision; name of the municipality or municipalities
within which subdivision is proposed; total tract boundaries of the
property being subdivided, showing bearings and distances, and a statement
of total acreage of the property.
C.
Name, address, license number, and seal of registered engineer or
land surveyor responsible for the subdivision plan, their signature;
magnetic North point, graphic scale, and date including the month,
day and year that the original drawing was completed, and the month,
day and year that the original drawing was revised, for each revision.
The Township shall have the right to refuse any plan submitted that
is not signed and sealed.
D.
A key map, for the purpose of locating the property being subdivided,
drawn at a scale not smaller than one inch equals 1,000 feet and showing
the relation of the property, differentiated by tone or pattern, to
adjoining property and to all streets, streams, municipal boundaries,
and recorded subdivision plans existing within 2,000 feet of any part
of the property.
E.
Tax map, block, and lot numbers within the proposed subdivision tract;
all existing streets, including streets of record (recorded, but not
constructed), on or adjoining the tract, including names, right-of-way
widths, cartway (pavement) widths, and approximate grades.
F.
All existing buildings, driveways or other structures within the
proposed subdivision tract; all existing streets, and streets proposed
in the comprehensive plan, including streets of record (recorded,
but not constructed), on or adjoining the tract, including names;
existing and future right-of-way widths, cartway (pavement) widths,
and approximate grades.
G.
All existing or publicly recorded stormwater management facilities
and recreation facilities within 200 feet of the boundaries of the
proposed subdivision/land development tract, provided that such facilities
are within the public right-of-way and are expected to interact with
the proposed tract, whether it be through the connection of proposed
stormwater systems with existing facilities or through anticipated
utilization of the nearby recreation facilities.
H.
All existing under or above ground utility structures and rights-of-way
or easements for items such as, but not limited to, petroleum, gas,
utility transmission or communication lines, fire hydrants, culverts,
bridges, railroads, sidewalks, bike paths, trails or other man-made
features within the proposed subdivision tract and within 200 feet
of the boundaries of the proposed subdivision tract; location, width,
and purpose of existing easements and utility rights-of-way within
200 feet of the proposed subdivision tract. Additionally, site features
or conditions such as hazardous waste, dumps, underground tanks, active
and abandoned wells, quarries, landfills, sand mounds, and artificial
land conditions shall be displayed.
I.
Contour Lines at Vertical Intervals of not more than Two Feet. Location
and elevation of the data to which contour elevations refer shall
be the closest United States Coast and Geodetic Survey established
benchmark, where available.
J.
The full plan of proposed development, including the following:
(1)
Location and width of all streets and rights-of-way, with a
statement of any conditions governing their use; suggested street
names and utility easement locations; all applicable design criteria
under Part 7.
(2)
Building setback lines along each street.
(3)
Lot lines, with approximate dimensions and approximate lot sizes.
(4)
A statement of the intended use of all nonresidential lots and
parcels.
(5)
Lot numbers and a statement of the total number of lots, parcels,
dwelling units and density.
(6)
Water, sanitary sewer, storm sewer lines (and other drainage
facilities) with the size and material of each indicated and any proposed
connections with existing facilities.
(7)
Parks, playgrounds and other areas dedicated or reserved for
public or common use, with any conditions governing such use and any
proposed improvements. Land dedicated to the Township for recreation
shall be graded per Township direction. Final grade contour lines
at intervals of not more than two feet shall be shown.
(8)
Certification of ownership.
(9)
Copies of the proposed deed restrictions protective and restrictive
covenants, referenced to the preliminary plan map.
(10)
All notes, current revision number, description, date revised,
approvals, title block, right-of-way dedications, Township approvals
and acceptances, etc., shall be placed within a four-inch-wide column
on the right hand side of the drawing.
(11)
Any revisions to the drawings after Township acceptance and
signature shall be clearly indicated on the drawing. The revision
description shall be placed on the drawing with a current revision
number and date and shall be approved by the Township Engineer.
(12)
All unrecorded drawings that are submitted as the official shall
contain a title block with a current revision number and date revised.
Any changes shall be clearly indicated on the drawing and shall be
approved by the Township Engineer.
5.
The preliminary plan shall be accompanied by the following supplementary
data:
A.
Site Analysis Maps. [Where feasible and legible, the analysis involved in Subsections 5A(1) through (6) may be illustrated on one or a combination of composite maps. The combined impact of the natural characteristics of the tract upon the development potential of the tract shall be clearly illustrated on the map or maps.]
(1)
A map illustrating an analysis of natural drainage patterns
and water resources within the proposed subdivision tract, including
delineation of streams, natural drainage swales, ponds, vernal pools
and lakes, wetlands, 100- and 500-year floodplains and closed depressions.
Additionally, any portion of the tract identified as a Pennsylvania
Natural Diversity Inventory (PNDI) site or that is included on a County
or Local Natural Areas Inventory.
(2)
A map illustrating an analysis of types of soils present within
the proposed subdivision tract, based on the Lehigh County Soil Survey,
the Southwest Lehigh County Comprehensive Plan and other sources.
The map should include delineation of prime agricultural soil areas,
hydric soils, alluvial soils, aquifer recharge areas, unstable soils,
soils most susceptible to erosion, soils most suitable for urban development,
and soils suitable for on-lot sewage disposal.
(3)
A map illustrating the characteristics of rock formations underlying
the tract, including a delineation of Karst features, aquifers (specifically
those locally subject to pollution) and shallow bedrock areas.
(4)
A map showing vegetative cover conditions on the property according
to general cover type including cultivated land, meadow, pasture,
fallow field, hedgerow, bog, wetland, specimen trees and the actual
canopy line of existing trees and woodland areas. Vegetative types
shall be described by plant community, relative age and condition.
Additionally, the map shall display locations of historically significant
sites or structures on the tract, including, but not limited to, existing
buildings, foundations, cellar holes, stone walls, earthworks, burial
sites, trestles, lime kilns and water infrastructure such as mill
races, etc.
B.
A contour grading plan and a plan for minimizing erosion and sedimentation, in accordance with erosion and sediment control standards as set forth in § 22A-710, Subsection 1; a landscape plan, according to standards as set forth in § 22A-710, Subsection 2B. A letter shall be provided from the Lehigh County Conservation District which indicates that the soil erosion and sedimentation control plan conforms to the provisions of § 22A-710, Subsection 1, Conservation District current requirements.
(1)
The Township Engineer may require individual on-lot grading
plans at building permit stage. A note shall appear on the record
plan.
C.
Typical cross-sections for proposed streets, sanitary sewer, storm drainage and water system improvements; a storm drainage plan for the proposed subdivision tract, which conforms to design requirements for storm drainage as set forth in § 22A-708. Preliminary street and utility profiles and street lighting plans.
D.
A life-safety plan that shows the outlined and shaded turning radius
through the proposed site and/or subdivision for the Township's largest
fire apparatus vehicle; the required fire access road and the required
aerial fire access road; the location of any proposed emergency access
gates; the location of any proposed alternative fire access solutions
such as geo-grid material or grass pavers; and, the location of all
fire hydrants and fire department connections and notation of appropriate
spacing and distances for access or service as required by the Township.
The life-safety plan shall additionally include the proposed location
of all exterior fuel tanks, chemical or compressed liquid gas storage
or any other hazardous substances on site, as well as the proposed
location of any exterior generator or other high voltage electrical
apparatus.
[Amended by Ord. No. 2020-05, 10/1/2020]
E.
In the case of subdivision or land development plans to be developed
in stages or sections over a period of time, a map delineating each
stage or section of the proposed subdivision or land development consecutively
numbered so as to illustrate phasing of development, and a schedule
indicating the approximate time for which applications for final approval
of each stage or section is intended to be filed.
F.
Preliminary designs of any bridges or culverts which may be required.
Such designs shall meet all applicable requirements of the Pennsylvania
Department of Environmental Protection and the Pennsylvania Department
of Transportation.
G.
Certification of Water Supply Systems.
(1)
When water service to the proposed subdivision is to be provided
by an existing public system, the developer shall submit two copies
of a letter from the agency, authority, or utility which agrees to
extend water service, subject to the execution of a service agreement.
(2)
When water service to the proposed subdivision is to be provided
by an on-lot well, the developer shall submit two copies of a letter
from the Lehigh County Authority stating that LCA service to the site
is not feasible.
H.
Certification of Sewage Disposal Systems.
(1)
When sewage disposal service to the proposed subdivision is
to be provided by an existing public system, the developer shall submit
two copies of a letter from the agency, authority or utility (except
Lower Macungie Township) which agrees to provide sewer service subject
to the execution of a service agreement.
(2)
When sewage disposal service for the proposed subdivision is
to be by individual on-lot sewage disposal systems, the applicant
shall submit two copies of the Township Sewage Enforcement Officer's
approval of the planning module.
I.
Where an agency, authority or utility providing sewer or water service
to the subdivision has approval authority under its own jurisdiction,
a letter which indicates that the plans meet the relevant agency,
authority, or utility specifications shall be submitted.
J.
Whenever a proposed public improvement encroaches upon a utility
line or easement, the applicant shall provide a letter from the utility
verifying that the development will comply with all reasonable design
criteria set by the utility.
L.
If the subdivision/land development involves a proposed drainage
structure located on state highway rights-of-way, the applicant shall
provide a letter from the Pennsylvania Department of Transportation
approving such drainage structure.
M.
Traffic Impact Study. If required pursuant to Chapter 22B, a traffic impact study is to be submitted with preliminary plan documents for review by the Township.
N.
The applicant shall submit as part of the preliminary plan supplementary data a detailed written report by a licensed geologist regarding Karst features as required by § 22A-710, Subsection 4, below, and shall confer with the Township Engineer regarding the issues and possible testing resulting from such report.
O.
The site constraints identified in Table 104.D shall be deducted from any new open space neighborhood subdivision plan prior to calculating the minimum lot area available for new lots. Further, in the case of an open space neighborhood subdivision permitted by Township Zoning Code (Chapter 27), lots shall be factored into the provisions in § 22A-403, Subsection 5P, Open Space Neighborhood Process.
[Amended by Ord. No. 2020-05, 10/1/2020]
|
Table 104.D
| ||||
|---|---|---|---|---|
|
Resource
|
Area of Resource
(acres)
|
Protection Factor
|
Constrained Land
(acres)
| |
|
a.
|
Existing utility transmission rights-of-way
|
x 1.0
|
=
| |
|
b.
|
That portion of lands under conservation easement that are restricted
from further development
|
x 1.0
|
=
| |
|
c.
|
100-and 500-year floodplains
|
x 1.0
|
=
| |
|
d.
|
Wetlands
|
x 1.0
|
=
| |
|
e.
|
Prohibitive steep slopes (over 25%)
|
x 0.90
|
=
| |
|
f.
|
Precautionary steep slopes (15-25%)
|
x 0.25
|
=
| |
|
g.
|
Rock outcroppings over 1,000 square feet in area
|
x 0.90
|
=
| |
|
h.
|
Constrained land = sum of a through g =
| |||
P.
Open Space Neighborhood Process.
(1)
Four-Step Design Process. Residential subdivisions proposed
under the open space neighborhood subdivision option and containing
associated greenway land shall follow the four-step design process
described below. Applicants are required to document the design process
in accordance with this section. A master site analysis map shall
be rendered and display the aggregate of all natural or existing features
required in this Part.
(2)
Utilizing Table 104.D above, adjusted tract area shall be calculated:
Determination of the maximum number of dwelling units on the proposed
plan shall be based upon the following calculations.
(a)
Determine Gross Tract Area. Gross tract area shall equal the
acreage within the legally described parcel minus existing public
or private road rights-of-way.
(b)
Determine Constrained Land. Constrained land consists of the
resources listed in Table 104.D, multiplied by a protection factor
and totalled. In the event two or more resources overlap, only the
resource with the highest protection factor shall be used.
(3)
Step 1: Delineation of Greenway land, including Stormwater and
Wastewater Management Areas.
|
General locations for Greenway land, including stormwater and
wastewater management areas, shall be delineated according to the
following procedure:
|
(a)
Using the master site analysis map as a base, the lot/site shall
be delineated consistent with the output of Table 104.D for constrained
lands for the allowable number of lots.
(b)
Greenway land and significant natural resource areas and natural
or historic features shall be utilized to meet or exceed the minimum
acreage requirement for greenway land set forth in the Lower Macungie
Zoning Ordinance open space neighborhood section.
1)
The applicant shall prioritize natural and cultural resources
in terms of their highest to least suitability for inclusion in the
proposed greenway land.
2)
The locations and boundaries of environmental or other constrained
lands shall follow the actual boundaries of floodplains, wetlands,
and steep slopes over 25%.
3)
The locations and boundaries of greenway land shall first consist
of constrained land acreage from Table 104.D as allowed by Township
Zoning Ordinance and then by significant natural and historic feature
identified by the applicant and the Township which are contiguous
and compliant with the Township Zoning Ordinance section on open space
neighborhoods.
4)
Greenway land shall be delineated in a manner clearly indicating
greenway land boundaries as well as the types of resources included
within them.
(c)
Preferred locations for stormwater and wastewater management
facilities shall be identified using the master site analysis map.
1)
The design of these facilities should strive to use the natural
capacity and features of the site to facilitate the management of
stormwater and wastewater generated by the proposal. The design of
the facilities shall be naturalized in accordance with Township Zoning
Ordinance.
2)
Opportunities to use these facilities as a buffer between the
proposed greenway land and development areas are encouraged.
3)
Stormwater management facilities should be located in areas
identified as groundwater recharge areas.
4)
Wastewater facilities shall comply with the requirements of
Township Zoning Ordinance and sewage facilities planning documents.
(d)
Development areas constitute the remaining lands of the tract
outside the greenway land, where dwellings, streets, and lots are
to be delineated in accordance with Steps 2, 3, and 4 below.
(4)
Step 2: Locations for Dwelling Units. Dwelling units shall be
tentatively located, using the proposed greenway land from Step 1
as reference and orientation as well as other relevant data on the
plans required in this section. Dwelling units shall be sited to:
(5)
Step 3: Alignment of Streets and Trails.
(a)
Once dwelling units have been located, applicants shall delineate
a street system that provides a safe pattern of vehicular and pedestrian
access to each dwelling unit. Streets and trails shall conform to
the tract's natural topography and provide for a safe pattern
of circulation to, from and within the tract.
(b)
Streets and driveways crossing wetlands and traversing slopes
over 15% shall be avoided to the greatest extent practicable.
(c)
Street connections are encouraged in order to minimize the number
of new culs-de-sac and to facilitate easy access to and from homes
in different parts of the tract and on adjoining parcels.
(d)
Lots shall generally be accessed from interior streets, rather
than from roads bordering the tract.
(e)
A network of trails shall be shown, where appropriate, providing
access to natural and cultural features in the greenway land. Potential
trail connections to adjacent parcels shall also be shown in areas
where a county or municipal trail network is planned.
(f)
Common greens, shaped by the street system, shall be designed
and incorporated into the development.
