[Ord. 174, 12/20/2017]
1.
Preliminary plans, and all required supplementary data, for all proposed
subdivisions and land developments shall be submitted to the Township.
2.
Official submission of a preliminary plan to the Township shall comprise
the following:
A.
Submission of one copy of a completed preliminary subdivision or
land development application.
B.
Submission of 12 sets of paper prints of the preliminary plan, which shall fully comply with provisions of this chapter as set forth in § 22A-403.
D.
The applicant shall also submit two reduced copies (8 1/2 inches
by 14 inches size) of the preliminary layout plan to the Township.
The Township shall provide one copy of the reduced plan to the Township
Solicitor and retain one copy for the Township records.
E.
Notifications.
(1)
The applicant, upon filing his plan shall prepare a list of
all property owners located within 200 feet of the subdivision/land
development. Applicant shall mail the notification contained in Appendix
E of this SALDO[1] to all property owners within 200 feet of any new lots
created by the subdivision or within 200 feet of any improvements
proposed on the land development plan.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
(2)
Notifications to such property owners must be mailed by certified
mail, return receipt no later than 21 days before the date of the
Planning Commission meeting at which the subdivision/land development
is to be considered for the first time.
(3)
Applicant must furnish the Township with a copy of the list
of all property owners to whom notifications should be mailed prior
or simultaneously with submission. Proof of mailing should be provided
by supplying copies of the postmarked certified mail receipts.
(4)
The applicant shall provide the Township with the proofs of
notification a minimum of three days prior to the Planning Commission
meeting at which the subdivision/land development is to be considered.
F.
All plans submitted to the Township must be folded, where possible,
unless the plan is of such size that makes folding impractical, i.e.,
extra-large sheets or sets over 10 pages.
G.
Two compact discs containing the copies of the preliminary subdivision
and land development drawings, in a format suitable to Upper Nazareth
Township.
3.
The Township shall distribute the plans and other material as follows:
A.
Five sets of the plans and one set of supplemental information to
the Township Planning Commission, one set of plans and one set of
supplemental information to the Township Manager, two sets of the
plans and two sets of supplemental information to the Township Engineer,
one set of plans to the Township Parks and Recreation Commission,
one set of plans to the Police Department, and one set of plans to
the Volunteer Fire Department.
B.
The Township shall retain one set of the plans and one set of the
supplemental material.
C.
Whenever a proposed subdivision or land development is located adjacent
to another municipality, one print of the preliminary plan shall be
submitted for each additional or adjacent municipality to the respective
municipalities by the applicant, with a copy of the transmitted letter
provided to Upper Nazareth Township.
4.
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. If a review of conformity to an
Act 167 stormwater management plan is required, the number of plans
and calculations should be increased to two.
B.
The governing water authority (where applicable)
C.
The governing sanitary sewer authority (where public sanitary sewer
service is proposed).
D.
Northampton County Soil Conservation District.
E.
PennDOT (whenever the property being subdivided abuts a state road).
[Ord. 174, 12/20/2017]
1.
By the Township Planning Commission.
A.
When a preliminary plan has been submitted to the Township, such
plan shall be placed on the agenda of the Planning Commission for
review at a meeting to be held within 60 days of the submission, provided
that such submission has occurred no less than 21 days prior to such
meeting (if the 21st day falls on a holiday, it would be the next
business day). The Planning Commission may hold a public hearing on
the preliminary plan at this time. All submissions must be made by
3:00 p.m. of the cutoff date complete with all supplemental information
and required fees. Submissions without the required information will
be considered incomplete and not eligible for placement on the agenda
until the information is submitted. Submission does not guarantee
a spot on the agenda.
B.
The Planning Commission shall review the preliminary 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.
C.
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 a preliminary plan,
then the Township Planning Commission may officially act without having
received and considered such report.
D.
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, the Planning Commission
shall recommend to the Board of Supervisors, in writing, that the
preliminary plan be approved or disapproved together with the documented
findings upon which the recommendations are based.
2.
By the Board of Supervisors. Within 90 days following the date of
the regular meeting of the Planning Commission 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 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
preliminary plan. This time period may be extended by action of the
Board of Supervisors or the Planning Commission 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 section. The decision and findings shall be communicated to:
[Ord. 174, 12/20/2017]
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 mailing address of record owner; name and mailing address
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 deed book reference, 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, a statement
of total acreage of the property, and certified by a registered professional
land surveyor.
C.
Name, address, license number, and seal of registered engineer or
land surveyor responsible for the subdivision plan; 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.
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 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 sewer lines, water lines, fire hydrants, utility transmission
lines, storm sewer structures, including materials, sizes and inverts,
stormwater facilities, on-lot septic systems, wells, bridges, railroads,
sidewalks, 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.
H.
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; spot elevations for all low and high points,
plus elevation for all closed contour lines.
I.
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)
Front, side, and rear building setback lines for each lot, including
distances measured from lot lines and ultimate right-of-way lines,
as applicable.
(3)
Lot lines, with computed dimensions and lot sizes (in both acres
and square feet).
(4)
A statement of the intended use of all nonresidential lots and
parcels.
(5)
Zoning district(s) in which the subject property is located,
lot numbers and a statement of the total number of lots, parcels,
dwelling units and density.
(6)
Water, sanitary sewer and storm sewer plan and profile drawings
(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.
(8)
Signed certificate of ownership or equitable ownership, plus
a copy of the current deed of record for the property being subdivided
or developed.
(9)
Copies of the proposed deed restrictions, protective and restrictive
covenants, referenced to the preliminary plan map.
(10)
Reference to any previously recorded plans involving the subject
property, including any applicable covenants or easements.
J.
The plan shall include a zoning district data table containing the
following information:
(1)
Zoning district(s) in which the subject property or properties
are located.
(2)
Required and proposed minimum lot areas (minimum lot area excludes
lands within Township and/or state rights-of-way, whether offered
for dedication or not).
(3)
Required and proposed minimum lot widths (measured at the required
minimum front yard building setback).
(4)
Required and proposed building setbacks.
(5)
Maximum allowable and proposed building and impervious coverage
ratios (coverage calculations exclude lands to be dedicated for public
use).
(6)
Maximum allowable and proposed building heights (in feet and
stories).
5.
The preliminary plan shall be accompanied by the following supplementary
data:
A.
Site analysis maps. [Where feasible and legible, the analysis involved in Subsection 5A(1) through (4)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 and lakes,
floodplains, permanent and seasonal high water table areas, and closed
depressions, plus a metes-and-bounds delineation of any on-site wetlands.
(2)
A map illustrating an analysis of types of soils present within
the proposed subdivision tract, based on the Northampton County Soil
Survey, the Nazareth Area Multi-Municipal Comprehensive Plan and other
sources. The map should include delineation of prime agricultural
soil areas, hydric 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 aquifers (specifically those
locally subject to pollution) and shallow bedrock areas.
(4)
A map delineating additional significant physical features within
the proposed subdivision tract, such as woodland areas, large trees,
rock outcroppings, sinkholes, closed depressions, historical sites
and features and scenic views.
(5)
A map delineating areas of existing steep slopes ranging from
15% to 25%, 25% to 35% and greater than 35% within the boundaries
of the subject property.
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-711, Subsection 1; a landscape plan, according to standards as set forth in § 22A-711, Subsection 2B. A letter shall be provided from the Northampton County Conservation District which indicates that the soil erosion and sedimentation control plan conforms to the Pennsylvania Department of Environmental Protection rules and regulations.
C.
Proposed layout plan content, including:
(1)
Typical cross sections for proposed streets, sanitary sewer,
storm drainage and water system improvements.
(2)
Street and utility plan and profile drawings. The street plan
view and corresponding profile drawing shall be provided on the same
plan sheet.
(3)
Typical or design building footprints and driveways for each
proposed building lot.
(4)
Approximate locations of on-lot water supply wells, if applicable.
(5)
Primary and secondary septic system absorption areas, including
soil probe and percolation test locations, if applicable.
(6)
Infiltration facilities for proposed buildings and driveways
and any other required storm drainage facilities, including soil probe
locations.
D.
A storm drainage plan for the proposed subdivision or land development, which conforms to design requirements for storm drainage as set forth in § 22A-708. If the site of the subdivision or land development is within a watershed with an approved stormwater management plan enacted pursuant to Act 167, the criteria in the applicable plan shall be used.
E.
In the case of subdivision or land development plans to be developed
in phases or sections over a period of time, a plan of the subdivision
or land development shall be provided which shows the phasing of the
development. The phased sections shall be consecutively numbered with
a schedule indicating the approximate time for which applications
for final approval of each phase is intended to be filed.
(1)
The overall plan of a proposed phased subdivision or land development shall be prepared and submitted in accordance with the preliminary plan requirements in Part 4 of this chapter. Preliminary approval of the overall plan will be required prior to submission of the individual phases or sections.
(2)
Upon preliminary approval of the overall master plan of development, individual phases can be submitted for final approval. These phases shall be designed for compliance with the final plan requirements in Part 5 of this chapter. Recording of the individual phases cannot take place until all final plan provisions of this chapter are complete, including the execution of all required agreements and financial security.
(3)
Future phases cannot proceed for construction until they obtain
final approval and have complied with all final plan requirements
in Part 5.
(4)
If the design and layout of subsequent phases deviates from
the approved master plan, a new overall plan of the subdivision or
land development shall be submitted for preliminary approval.
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, the Pennsylvania Department
of Transportation and the Act 167 Stormwater Management Plan, if implemented.
G.
Copies of the subdivision sewage disposal report, when required according to standards as set forth in § 22A-706.
H.
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 applicable water authority that service to the site is not
feasible.
I.
Certification of sewage disposal systems.
(1)
When sewage disposal service is to be provided by an existing
public system or extension thereof, the developer shall contact the
controlling sewer authority regarding connections into their sewer
system. Copies of all correspondence between the developer and sewer
authority shall be provided to the Township. All negotiations, designs,
reviews, approvals and construction will be handled by the controlling
sewer authority in accordance with their current regulations. Additionally,
all subdivisions and land developments proposing public sanitary sewer
service will be required to obtain sewage facility planning approval
from the Pennsylvania Department of Environmental Protection.
(2)
When sewage disposal service for the proposed subdivision or
land development is to be by individual sewage disposal systems, the
following requirements must be followed:
(a)
Prior to submission of a preliminary subdivision or land development
plan, the applicant or developer shall submit to the Pennsylvania
Department of Environmental Protection (Department), Form ER-BWQ-359,
"Application for Planning Module for Land Development," commonly known
as the "postcard" submission, whereby the Department will indicate
to the developer which module components to complete and make other
guiding recommendations, as well as establishing a Department of Environmental
Protection's code number for the project.
(b)
The developer shall then meet with a representative from the
Department and the Township Sewage Enforcement Officer (SEO) to discuss
the subdivision or land development with relationship to the Sewage
Facilities Act "Official Plan."
(c)
The developer shall provide all information as required by the
Planning Module for Land Development (PMLD). The developer shall submit
the completed PMLD to the Township as part of the supporting data
of the preliminary plan submission.
(d)
The Township shall review the PMLD and take municipal action
within 60 days of receipt of the completed module.
(e)
Preliminary plan shall not be approved by the municipality until
written approval of the PMLD is received from the Department of Environmental
Protection. Modules will be reviewed for completeness and conformance
to the requirements of the Sewage Facilities Act[1] and regulations promulgated thereunder, Chapters 71, 72,
and 73 of Pa. Code Title 25. Incomplete module submissions will be
returned to the applicant and will not be considered for review until
complete.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(f)
The number and spacing of soil profile studies and percolation
tests required for module preparation shall be sufficient to justify
adequate sewage facility planning for the proposed subdivision or
land development and shall contain general site suitability and soil
mapping designations.
(g)
All soil testing information shall be indicated and clearly
represented on plans and supporting documents, for evaluation.
(h)
The developer shall retain a soil scientist, hydrogeologist,
or other competent professional to perform soil evaluations, percolation
tests, and additional studies if required by the Department or Township
SEO. The Township SEO will only observe the soil tests and review
submitted material in accordance with this chapter.
(i)
Prior to plan approval, the developer shall test and locate,
on each lot, a suitable primary and secondary absorption area. These
areas shall be staked in the field and protected until such time as
the system(s) are constructed and final grading completed on the lot.
No permit will be issued until the site is adequately marked. Any
disturbance to the site by grading, equipment traffic, or material
storage may be cause for permit denial.
J.
Whenever a proposed public improvement, on-lot septic system, stormwater
infiltration/water quality facility or detention pond 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.
The applicant shall provide a copy of the opinion of title as issued
by a title insurance company or an attorney, which shall set forth
the names of all owners of property included in the plat and shall
include a list of mortgages, judgments, liens, easements, contracts
and agreements of record in the Recorder of Deeds office in Northampton
County, Pennsylvania, which shall affect the property covered by such
plats.
M.
If the subdivision/land development involves a proposed drainage
structure located on state highway rights-of-way, the applicant shall
submit plans and calculations to the Pennsylvania Department of Transportation
(PennDOT) for their review and approval. The applicant shall supply
the Township with copies of the PennDOT highway occupancy permit for
these proposed drainage structures.
O.
Traffic impact fees will be required as established by the Upper
Nazareth Township Traffic Impact Ordinance.
P.
Traffic Impact Studies.
(1)
Any application for any of the following uses shall be required
to complete a traffic study and include the findings in a written
report:
(a)
Residential: 30 or more dwelling units.
(b)
Commercial: 10,000 square feet or more of total floor area.
(c)
Office: 20,000 square feet or more of total floor area.
(d)
Industrial: 30,000 square feet or more of total floor area or
any truck terminal.
(e)
Institutional: 20,000 square feet or more of total floor area.
(f)
Any use or combination of uses that would generally result in
greater than 300 trips per day.
(2)
Any required traffic study shall be submitted at the same time
as any preliminary plan, special exception, conditional use or construction
permit application, whichever is submitted earliest.
(3)
The full costs of completing the study and of a review by the
Township Engineer or other Township representative shall be borne
by the applicant.
(4)
Prior to initiation of the traffic study, the traffic engineer
or planner shall meet with the Township Engineer to establish the
area to be studied. This area shall be limited to streets and intersections
within a maximum of one mile of the proposed project boundaries, except
for a use projected to generate more than 3,000 trips per day, which
shall have a maximum study area of two miles from the project boundaries.
(5)
Joint traffic studies between different applicants are strongly
encouraged.
(6)
Any study shall include a description of the proposed development,
its proposed access and the surrounding street system. If a development
is proposed to occur in stages, each stage shall be described and
taken into account in the study. If the applicant owns other lands
within the study area, reasonable assumptions shall be made about
how that land can be expected to be developed and shall be taken into
account.
(7)
The traffic volumes and service levels during the a.m. and p.m.
peak hours shall be presented for all streets and intersections in
the study area that can reasonably be expected to be significantly
impacted. Traffic volumes shall be based upon actual counts that occurred
within the prior two years, and not upon PennDOT estimates. The locations
of all accidents reportable to the state police within the study area
during a recent two-year period shall be noted.
(8)
The study shall include an estimate of the number of trips expected
to be generated by the use and any future stages during the a.m. and
p.m. peak hours. Such estimates shall be based upon the latest published
estimates of the Institute of Transportation Engineers, or its successor
entity, unless the applicant provides the Township with estimates
and supporting documentation based upon actual traffic counts of closely
similar developments in Pennsylvania or New Jersey.
(9)
The study shall take into account not only the use proposed
by the applicant, but also other uses and developments that have received
building permits or preliminary subdivision or land development approval
from a municipality. The study shall project a.m. and p.m. peak-hour
traffic volumes and levels of service on intersections and streets
within the study area. If the traffic generation by the development
would be more than 50% greater during any hour other than the a.m.
or p.m. peak hour on adjacent streets, the study shall analyze both
the peak hours for the development and for adjacent streets. The study
shall project what directions the traffic generated will head towards.
(10)
The study shall estimate the levels of service (A, B, C, D,
E and F), for key traffic movements, including turning movements,
following the standards of the United States Department of Transportation.
(11)
Heavily traveled intersections at entrances to the development
and other major unsignalized intersections in the study area shall
be studied to determine whether a traffic signal is warranted by PennDOT
criteria. Existing traffic signals that are significantly impacted
shall be studied to determine whether they are in need of upgrading.
(12)
The study may take into account traffic improvements which are
clearly funded and will occur within the next two years. The study
shall include suggestions for how each congested or hazardous intersection
in the study area should be improved to reduce the hazard or congestion,
and a rough estimate of the cost of that improvement.
(13)
The applicant shall respond to the traffic study with proposals
on what traffic improvements, right-of-way dedications or commitments
of financing for specific projects the applicant proposes to commit
to resolve the negative traffic impacts of the proposed development.
Such improvements or financing may be staged in relation to the stages
of the development. The applicant may also agree to commit towards
the long-term support of a program to reduce peak-hour traffic by
private vehicles, through programs such as van-pooling, support of
mass transit or staggered work hours, in place of certain structural
improvements.
(14)
Any traffic improvements that are required as a condition of
any approval under this chapter shall be in place or sufficient funds
committed in escrow acceptable to the Township prior to the issuance
of any needed occupancy permit or within a staged process agreed to
at the time of approval.
