[Ord. 1998-12, 12/17/1998, § 500; as amended by
Ord. 2006-2, 8/17/2006; by Ord. 2010-08, 9/2/2010, Art. XLII and XLIII;
and by Ord. 2011-12, 10/6/2011]
1.
Unless the final plan submission is made within five years of the
date of the preliminary plan approval or unless the Board of Commissioners
grant 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 Engineer.
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 Commissioners 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 Planning Department shall
comprise the following:
A.
Submission of one copy of a completed final subdivision or land development
application.
B.
Submission of seven full sets of paper prints of the final 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-402. 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 one-percent per annum. In no event, however, shall the administrative charge retained be less than $50 per annum.
E.
Submission of two properly executed copies of the Township's
contract for professional services.
4.
The Township Planning Department shall distribute the plans and other
material as follows:
[Amended by Ord. 2016-05, 3/17/2016]
5.
Additional prints of the final plan shall be provided by the developer
to the Township Engineer 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 municipalities.
6.
The applicant shall submit one set of plans, all supplemental material
relevant to said agency, and required fees to the following agencies:
A.
Lehigh Valley Planning Commission.
B.
Lehigh County Conservation District.
C.
PennDOT (whenever the property being subdivided abuts a state road).
E.
Pennsylvania Department of Environmental Protection, where applicable.
[Amended by Ord. 2016-05, 3/17/2016]
F.
Lehigh County Authority (whenever the submission involves the use
of public water supply).
[Ord. 1998-12, 12/17/1998, § 510; as amended by
Ord. 2010-08, 9/2/2010, Art. XLIV; and by Ord. 2011-12, 10/6/2011]
1.
By the Township Planning Commission.
A.
The Planning Commission shall review the final plan to determine
its conformance with the standards contained in this chapter and other
applicable municipal ordinances, and shall recommend such changes
and modifications as it deems necessary.
B.
No action shall be taken by the Township Planning Commission with
respect to a final 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 a final plan by the Lehigh
Valley Planning Commission, then the Township Planning Commission
may officially act without having received and considered such report.
C.
Within 60 days after the first meeting following the submission of
the final 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 final plan be approved or disapproved together with the documented
findings upon which the recommendations are based. With the recommendations,
the Planning Commission shall forward three full sets of paper prints
of the plans to the Board of Commissioners and one set of all supplemental
material shall also be forwarded 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 on
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 final plan. This time
period may be extended by action of the Board of Commissioners or
the Planning Commission upon 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:
B.
Action by the Board of Commissioners to approve the final plan shall
be made in the form of a resolution which is duly passed by the Board.
The resolution shall include stipulations as to the terms of approval
including the improvements agreement if one is called for. No subdivision
plan shall be approved unless the review fees, recreation fees, and
other fees required under the terms of this chapter have been paid
in full, and unless the improvements agreement, if one is called for,
has been executed.
C.
The applicant shall sign the resolution agreeing to the stipulations
as to the terms of approval not less than five days before the end
of the statutory review period. Failure to sign the resolution by
the applicant shall void the resolution forthwith. The Board of Commissioners
shall then act to disapprove the application.
[Ord. 1998-12, 12/17/1998, § 520; as amended by
Ord. 2011-12, 10/6/2011]
1.
A.
Within 30 days of the execution of the resolution approving the subdivision,
the applicant shall supply two Mylars and one paper print of the record
plan and three full sets of paper prints of each plan in the set of
final plans to the Planning Department.
B.
At this time, any applicant submitting plans for subdivision or land
development shall also furnish a compact disc or flash drive containing
an electronic copy of the plans. Exceptions to this requirement may
be made for small developments proposing one or two residential lots.
The electronic copy of the plans shall contain, at a minimum, the
following information, to scale (and referenced to Township datum
as appropriate):
[Amended by Ord. 2016-05, 3/17/2016]
C.
The file(s) shall be an AutoCAD file, version 2012, or as approved
by the Township Engineer prior to submission.[1]
[Amended by Ord. 2016-05, 3/17/2016]
[1]
Editor's Note: Former Subsection D, which addressed costs
for information not meeting the above specifications and which immediately
followed this subsection, was repealed 3/17/2016 by Ord. 2016-05.
2.
The Planning Department shall distribute the plans for signature
by the Board of Commissioners, the Township Planning Commission, and
the Lehigh Valley Planning Commission.
3.
The Township shall, within 90 days of final approval of the subdivision or land development, including completion of conditions imposed for such approval, or 90 days after receipt of all signatures required by § 22A-503, Subsection 2, of the chapter, whichever is later, file the final plan with the Lehigh County Recorder of Deeds' office.
[Amended by Ord. 2016-05, 3/17/2016]
4.
The Township Engineer shall retain the mylar set of plans and the
Township Engineer shall distribute one set of approved plans to the
Township Secretary and retain one set of approved plans.
[Ord. 1998-12, 12/17/1998, § 530; as amended by
Ord. 2011-12, 10/6/2011]
1.
The final plans shall conform to standards and data requirements as set forth for preliminary plans in § 22A-403 of this chapter.
2.
It shall not be necessary to resubmit supporting maps and data submitted
with the preliminary plan, provided there has been no change.
3.
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.
B.
The total tract boundary lines of the area being subdivided, with
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 and elevation 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.
D.
Block and lot numbers, 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 within 30 seconds;
the proposed building setback, or 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 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.
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 restriction 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 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, as required by § 22A-1002, Subsection 5; a certification of ownership, acknowledgment of plan, and offer of dedication and an acceptance clause for the Board of Commissioners shall be lettered on the plan, duly acknowledged and signed by the owner of the property, and notarized; a certificate for approval of the plan by the Township Board of Commissioners shall be provided; a certificate for the recommendation for approval by the Township Planning Commission shall be provided; a certificate 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; 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.
4.
The final plan shall be accompanied by the following:
A.
A plan showing the following information:
(1)
Location, size and invert elevation of all sanitary sewer, water
distribution and storm drainage systems, and the location of all manholes,
inlets and culverts.
(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.
B.
A completed and executed copy of the subdivision improvements agreement.
C.
Financial security to cover the costs set forth in the improvements agreement. The financial security shall conform in all respects to the requirements of § 22A-1004.
D.
A copy of the highway occupancy permit for any road or driveway requiring
access to a state route which is appropriate for the type of access
required.
E.
Four copies of deeds of any areas proposed for dedication in relation
to the subdivision or land development.
F.
An analysis establishing traffic speed limits for any roads established
by the subdivision.
5.
In the case of a subdivision or land development proposed to be built
in stages or sections over a period of years, final plan requirements
as listed in paragraphs .A through .D shall apply only to the stage
or section for which final approval is being sought. However, the
final plan presented for the 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.
