[Ord. 3/6/1991, § 7.1]
Classification of a proposed subdivision as a minor subdivision
or resubdivision permits the developer and Township to utilize a simplified
procedure for reviewing such subdivision prior to approval for recording.
[Ord. 3/6/1991, § 7.2; as amended by Ord. 263,
10/14/1998, § 1C; and by A.O.]
1.
Plan Submission. A plan labeled a "Preliminary/Final Minor Subdivision
Plan" for a proposed minor subdivision, or a plan labeled a "Resubdivision
Plan" for a proposed resubdivision, (hereinafter respectively referred
to as the "plan"), the provisions of this Part shall be submitted
by each applicant.
2.
Submission Deadline and Plan Requirements.
A.
The applicant shall submit to the subdivision administrator at least
28 days prior to a regularly scheduled Planning Commission meeting:
[Amended by Ord. No. 412, 4/13/2022; and by Ord. No. 413, 7/13/2022]
(1)
The required application fee as set forth in the Township fee
schedule.
(3)
Fifteen copies of the plan.
(4)
Three copies of all supporting documents (unless additional
copies are required and/or requested.) All sheets for any submitted
plan shall be folded so that the title of each sheet faces out.
(5)
In addition to the required sets of prints, all required plans for
preliminary/final minor subdivisions or resubdivisions shall also
be provided to the subdivision administrator in digital format as
one PDF on a USB flash drive, CD-ROM, DVD, or similar technology approved
for use by the subdivision administrator. The digital plans shall
be submitted at the same time that the overall application is submitted
to the Township. The digital version of the plans shall be formatted
in the same scale as the printed version of the plans, and shall be
plotted in a manner that will allow for reproduction of the plans
at the same scale. Digital plans shall be submitted for all subsequent
submissions of preliminary/final minor subdivision plans and resubdivision
plans (as applicable).
3.
Initial Actions by the Subdivision Administrator.
A.
The subdivision administrator (hereinafter referred to as the "administrator")
shall review the submission for completeness.
B.
If the administrator determines that the submission is incomplete,
he/she shall not accept the submission, but rather, shall return the
fee and materials comprising the plan submission to the applicant.
In such event, the official shall notify the applicant, in writing,
within five days after receipt of the submission whether the submission
is deemed incomplete and not accepted by the Township, and the administrator
shall specify the deficiencies in the plan submission.
C.
If the administrator determines that the submission is complete except
for such additional copies of the plan and supporting documents as
may be required in Subsection 3F, the administrator may accept the
submission as being filed for review on the condition that the applicant
shall submit such additional copies of the plan and supporting documents
to the administrator within five days from the date of such acceptance.
D.
The administrator shall retain in the Township files the application
fee receipt and one copy of the application form, final plan checklist,
the plan and supporting documents.
E.
The administrator shall forward to the Township Planning Commission,
at least five days prior to the next regularly scheduled meeting of
the Township Planning Commission, a copy of the application form,
plan checklist, and plan and supporting documents.
F.
After the administrator accepts the submission as being filed for
review, he/she shall forward copies of the plan and supporting documents
to the following agencies and persons for review:
|
Agency or Person to Receive Copy of Plan
|
Copies of Plan
|
Copies of Supportive Documents
| |
|---|---|---|---|
|
(1)
|
Planning Commission Solicitor
|
1
|
0
|
|
(2)
|
Township Engineer
|
1
|
1
|
|
(3)
|
Township Sewage Enforcement Officer
|
1
|
1
|
G.
The administrator shall prepare the notification and forward to the
applicant, 15 days prior to the next regularly scheduled meeting,
along with a list of all property owners within 200 feet of subdivision/land
development site.
H.
The administrator shall review returned receipts to his/her list
to assure all property owners have been notified.
4.
Applicant's Responsibility.
A.
It is the applicant's responsibility to submit the required number
of copies of the application, plan, checklist and supportive documents,
along with any review fees, to the following agencies/departments
for their review and approval:[2]
(1)
Lehigh Valley Planning Commission.
[Amended by Ord. No. 413, 7/13/2022]
(2)
Northampton County Conservation District.
[Amended by Ord. No. 413, 7/13/2022]
(3)
Pennsylvania Department of Transportation.
(4)
Pennsylvania Department of Environmental Protection.
(5)
Slate Belt Regional Police Department.
[Amended by Ord. No. 413, 7/13/2022]
(6)
Plainfield Township Fire Department.
(7)
Various utility companies.
[2]
If agency/department review is required, and/or affected by
proposed plan.
B.
The applicant, upon receipt of the notification and list from the
Township Administrator, shall mail the notification, return receipt
requested, and shall provide copies of the signed returned receipts
to the administrator. All property owners within 200 feet of said
subdivision/land development shall be notified.
5.
Review by Township Engineer, and Sewage Enforcement Officer (Hereinafter
Referred to as "SEO").
A.
Within 20 days from the date the officer accepts the plan for review,
the Township Engineer and the SEO shall review the plan and prepare
their reports and recommendations on the technical and engineering
considerations for submission to the Township Planning Commission.
B.
The Township Engineer and the SEO may make such additional reports
and recommendations to the Planning Commission at any time during
the review of the plan.
6.
Review by the Township Planning Commission. The Township Planning
Commission is hereby delegated by the Board of Supervisors of Plainfield
Township the power, duty and authority to review and approve, conditionally
approve, or deny the final subdivision plan submitted to the Township
hereinafter set forth. Within the time required by the MPC (unless
the applicant grants a written extension of time for the Township
review process), the Planning Commission shall:
A.
Review all applicable reports received from the agencies and officers listed in § 22-602, Subsection 4F.
B.
Determine whether the plan meets the objectives and requirements
of this Chapter, and other applicable ordinances and statutes.
C.
Review the plan with the applicant, his agent or representatives
so that the submission will conform to this Chapter.
D.
Approve, conditionally approve or deny the plan within the time limits
specified by the MPC.
E.
The approval of the final plan by the Planning Commission shall not
constitute an acceptance of the dedication of any street or other
proposed public way, space or area shown on the final plan, but rather
any such acceptance of dedication shall only be made by the Board
of Supervisors after review of the area to be dedicated by the Township
Engineer to make sure the conditions of dedication have been met.
F.
If the Board of Supervisors elects to accept lands offered for dedication
in an approved minor subdivision, the submission may be accompanied
by duly executed instruments of conveyance to the Township. Such instruments
shall state that the title thereof is free and unencumbered.
7.
Decision by the Township Planning Commission.
A.
The decision of the Township Planning Commission shall be in writing
and shall be communicated to the applicant, not later than 15 days
following the date of the decision, by mailing a copy of the decision
to the applicant at his last known address.
B.
In the event the plan is disapproved, the decision shall specify
the defects found in the plan, shall describe the requirements which
have not been met and shall cite the provisions for the ordinance
or statute relied upon which have not been satisfied or complied with
by the applicant.
C.
Failure of the Planning Commission to render a decision and communicate
it to the applicant within the time and in the manner required by
the MPC shall be deemed an approval of the plan as presented unless
the applicant has agreed, in writing, to an extension of time or a
change in the predescribed manner for communication of the decision.
D.
The applicant shall have the right to appeal the decision of the
Planning Commission to the Court of Common Pleas of Northampton County,
Pennsylvania, within the time limits and in the manner prescribed
by the MPC.
E.
A subdivision may not be approved that by its creation makes an existing
use or structure nonconforming. Such as a road making a side yard
a front yard, or where an offset structure is in a sight easement.
8.
Review by the Board of Supervisors.
A.
The Township Board of Supervisors shall review the final plan, the
written reports and recommendations of the Township Planning Commission,
the Joint Planning Commission, the Township Engineer and any other
applicable reports. The Board of Supervisors may require or recommend
such changes and modifications as they shall deem necessary or advisable
in the public interest.
B.
The Board of Supervisors shall, within the time required by law,
unless such time be extended with the authorized agent, render its
final decision by approving, approving with conditions or rejecting
the final plan.
9.
Decision by the Board of Supervisors.
A.
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant not later than 15 days following
the date of the decision, by mailing a copy of the decision to the
applicant at his last known address.
B.
The approval of the final plan by the Board of Supervisors shall
not constitute an acceptance of the dedication of any street or other
proposed public way, space or area shown on the final plan.
(1)
Any such acceptance of dedication shall be specifically stated
along with the signatures required for approval.
(2)
If the Board of Supervisors elects to accept lands offered for
dedication, the submission shall be accompanied by duly executed instruments
of conveyance to the Township. Such instruments shall state that the
title thereof is free and unencumbered.
C.
When the final plan submission is disapproved, the decision shall
specify the defects found in the submission, shall describe the requirements
which have not been met and shall cite the provisions of this Chapter
or other applicable statute or ordinance relied upon in each case.
D.
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner specified by
the MPC shall be deemed an approval of the plan as presented, unless
the applicant has agreed in writing to an extension of time or change
in the prescribed manner of communication of the decision.
[Ord. 3/6/1991, § 7.3]
1.
Drafting Standards.
A.
Plans shall be prepared on a standard sheet of 18 inches by 24 inches
or 24 inches by 36 inches, except when the Engineer approves of other
size plans.
B.
All information shall be legibly and accurately presented.
D.
All dimensions shall be set in feet and decimal parts thereof, and
bearings shall be set in degrees, minutes and seconds.
E.
Each sheet shall be identified, numbered and shall show its relationship
to the total number of sheets.
F.
Plans shall be so prepared and shall bear an adequate legend to indicate
clearly what features are existing and what features are proposed.
G.
When the plan is a revision of a previously approved plan, note the
date of each revision.
H.
The perimeter boundary line of the minor subdivision or resubdivision
shall be shown as a solid heavy line on the plan.
2.
General Information. The plan shall provide the following information:
A.
Name and location of minor subdivision or resubdivision.
C.
The landowner's statement of intent. (See Appendix 22-C.)
F.
Location map drawn at a scale of one inch equals 1,000 feet or larger,
showing the relation of the site to adjoining properties and to all
streets, roads, municipal boundaries, zoning districts, watercourses,
and any areas subject to flooding within 1,000 feet of any part of
the property.
G.
North arrow.
H.
Graphic and written scale.
I.
Date of plan and all subsequent revision dates.
J.
Boundaries of all adjoining properties with names of landowners with
tax parcel numbers.
K.
The deed book volume and page number, as entered by the County Recorder
of Deeds, referencing the latest source of title to the land being
subdivided or resubdivided.
L.
Tax Map parcel, block and lot number for the tract being subdivided
or resubdivided.
3.
Location of Natural Features on the Site and Within 100 Feet of the
Site. The following information regarding the location of natural
features and natural features within 100 feet of the site shall be
shown on the plan:
A.
Contour lines and/or photogrammetric procedures, based on a recent
field survey, at vertical intervals of not more than two feet for
land with an average natural slope of 5% or less, and at intervals
of not more than five feet for land with an average natural slope
exceeding 5%.[1]
[1]
The requirements of Subsections 3A and 3B need not be shown
on any resubdivision plan where the plan proposes only to delete a
lot line for the purpose of joining or annexing a lot to an adjacent
lot, parcel or tract of land or where this information was shown on
the original subdivision plan.
B.
Shading or marking differentiating the slopes noted below shall be
illustrated on the plan.[2]
(1)
Eight percent or less slope.
(2)
Greater than 8% to 15% slope.
(3)
Greater than 15% slope.
(4)
Greater than 25% slope.
[2]
The requirements of Subsections 3A and 3B need not be shown
on any resubdivision plan where the plan proposes only to delete a
lot line for the purpose of joining or annexing a lot to an adjacent
lot, parcel or tract of land or where this information was shown on
the original subdivision plan.
C.
Permanent and seasonal high water table areas.
D.
Rivers, streams, creeks, rivulets, watercourses, lakes, ponds, dammed
waters, springs, wetlands and all other bodies or channels of conveyance
of surface and underground water with names, if any. The presence
or absence of wetlands should be certified by a qualified individual.
E.
One-hundred-year floodplain, flood prone and alluvial soil areas.
F.
Location and extent of various soil types with U.S. Soil Conservation
Service definitions and the characteristics and classifications for
each.
G.
Rock outcrops and stone fields.
H.
Wooded areas and significant tree masses.
4.
Boundary Lines of Tract. The plan shall provide:
A.
The boundary lines of the area being subdivided or resubdivided.
(1)
The boundaries of the lots being newly created or resubdivided
shall be determined by accurate field survey, closed with an error
not to exceed one in 10,000 and balanced.
(2)
The boundaries of any residual tract which is 10 acres or less
shall be determined by accurate field survey, closed with an error
not to exceed one in 10,000 and balanced.
(3)
The boundaries of any residual tract which is greater than 10
acres may be determined by deed.
B.
Location and type of all existing monuments.
C.
Location of all fences and fence corners, tree rows, driveways, existing
easements and rights-of-way, public or private.
5.
Location of Existing Man-Made Features on the Site and Within 100
Feet of the Site. The following information regarding the location
of existing man-made features on the site and within 100 feet of the
site shall be shown on the plan:
A.
Sufficient bearings, lengths of lines, radii, arc lengths, street
rights-of-way and cartway widths, and right-of-way easement widths
of all lots, streets, rights-of-way easements and community or public
areas to accurately and completely reproduce each and every course
on the ground.
B.
Existing lot layout on the site.
C.
State or federally registered historic sites or structures, including
names and descriptions.
D.
Sanitary sewer, water lines, septic systems, wells and other utilities.
E.
Stormwater lines, drains and culverts.
F.
Utility easements and restrictive covenants and easements for purposes
which might affect development.
G.
Any structure within a front, side or rear yard shall be exactly
located from the property line.
7.
Proposed Layout.
A.
Total acreage of site.
B.
Proposed lot layout with identification number and total number of
lots.
C.
Lot width, depth and area.
D.
Rights-of-way, restrictive covenants and easement for all drainage,
utilities, and other purposes which might affect development.
E.
Open space areas and recreation areas. The Plan shall contain the
following statement: "Open space may not be separately sold, nor be
further developed or subdivided."
F.
The following items shall be shown on the plan using the symbol shown:
 |
Dwelling or structure
| |
 |
Well
| |
 |
Septic tank
| |
 |
Primary leach field
| |
 |
Secondary leach field
| |
 |
Approved soil probe location
| |
 |
Approved percolation test location including numbered test holes
| |
 |
Failed and/or abandoned percolation test location including
numbered test holes
|
G.
Any storm drainage facilities and structures.
H.
Street trees. (Species and locations).
I.
Buffer area, if applicable.
8.
Covenant.
A.
All deed restrictions imposed as a condition of plan approval by
the Township shall be referenced both in the deed of conveyance and
as a note on the plan. Additionally, the letter "R" (signifying a
restriction on the lot) shall be placed in the lower left hand corner
of each individual lot on the plan encumbered by any such deed restriction
or covenant, with the exception that such letter notation shall not
be required to be placed on a lot on the plan by virtue of the existence
of standard utility and drainage easements located along lot lines
as required under this Chapter.
B.
The Planning Commission may require the inclusion of any specific
restrictive covenants which will carry out the purposes of this Chapter.
9.
Additional Information. The Planning Commission may require the submission
of any additional information required for the final plan of a major
subdivision under Part 6.
[Ord. 3/6/1991, § 7.4; as amended by A.O.]
Planning Module. The applicant shall provide to the Township
the Pennsylvania Department of Environmental Protection planning module
for land development (as required by the Pennsylvania Sewage Facilities
Act, Act 537, as amended, 35 P.S. § 750.1 et seq.).
[Ord. 3/6/1991, § 7.5]
1.
Each applicant for a proposed minor subdivision shall provide monetary
compensation to the Township for the purpose of permitting the Township
to provide recreational services and facilities for the residents
of the area.
2.
The amount of monetary compensation to be paid to the Township shall
be established by resolution by the Board of Supervisors. Commencing
January 1 of each year following the date of enactment of this Chapter
amending minor subdivision or resubdivision review procedures, the
base fee amount shall be increased by the Annual Consumer Price Indices
Inflation Factor (hereinafter "CPI") for the preceding year. The base
fee amount shall be compounded annually in accordance with each year's
CPI.
3.
A note on the plan indicating that the applicant shall be required
to provide monetary compensation to the Township for recreational
purposes shall be placed on the plan.
4.
The monetary compensation for recreational purposes shall be paid
by the applicant after the applicant has received plan approval by
the Planning Commission and prior to the applicant's recording of
the plan with the Northampton County Recorder of Deeds.
5.
The recreational contribution when paid by the applicant shall be
placed in the Township's Recreational General Fund.
[Ord. 3/6/1991, § 7.6]
More than one minor subdivision may be approved for the same
original tract of substantially the same original tract. However,
no more than a total of three new lots may be created as a result
of any minor subdivision or subdivisions within a five-year period.
If the lots created by a proposed minor subdivision would with the
other lots created by previous minor subdivisions of the same tract
or substantially the same tract within the past five days result in
a total of four or more new lots being created over said five-year
period then said proposed minor subdivision may not be submitted as
a minor subdivision but must follow the Township submission procedures
and requirements for major subdivisions.
