[Ord. 174, 12/20/2017]
1.
Unless the final plan submission is made within five years of the
date of the preliminary plan approval or unless the Board of Supervisors
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 new plans shall conform to current regulations.
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 Supervisors. The Township Planning Commission
may, or may not, 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 the final plan to the Township shall comprise
the following:
A.
Submission of one copy of a completed final subdivision and land
development application.
B.
Submission of 11 sets of paper prints of the final plan, which shall fully comply with provisions of this chapter as set forth in § 22A-504.
D.
The applicant shall also submit three reduced copies (8 1/2
inches by 14 inches size) of the final layout plan to the Township.
The Township shall provide two copies of the reduced plan to the Township
Solicitor and retain one copy for the Township records.
E.
All plans submitted to the Township must be folded, where possible,
unless the plan is of such a size that makes folding impractical,
i.e., extra-large sheets or sets over 10 pages.
F.
Three compact discs containing the copies of the final subdivision
and land development drawings, in a format suitable to Upper Nazareth
Township. The Township shall provide one copy of the disc to the Solicitor
and retain two copies for the Township records.
4.
The Township shall distribute the plans and other material as follows:
A.
Five sets of the plans and one set of the supplemental information
to the Township Planning Commission, two sets of plans and two sets
of supplemental information to the Township Engineer, one set of plans
to the Township Solicitor, one set of plans to the governing water
authority and one set of plans and one set of supplemental information
to the Township Manager.
B.
The Township shall retain one set of the plans and one set of the
supplemental information.
5.
Whenever a proposed subdivision or land development is located adjacent
to another municipality, one print of the final plan shall be submitted
for each additional or adjacent municipality to the respective municipalities
by the applicant, with a copy of the transmittal letter provided to
Upper Nazareth Township.
[Ord. 174, 12/20/2017]
1.
By the Township Planning Commission.
A.
When a final 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 then 21 days prior to such meeting
(if the 21st day falls on a holiday, the next business day). The Planning
Commission may hold a public hearing on the final 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 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.
C.
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, 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 final 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 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 one Mylar of the record plan
and three paper prints of the record plan to the Board of Supervisors.
The plans shall bear the signatures of the Planning Commission if
the Planning Commission has voted to recommend that the plans be approved
by the Board of Supervisors. One complete set of plans and one set
of all supplemental material shall also be forwarded to the Board
of Supervisors.
2.
By the Township Board of Supervisors.
A.
Action by Board.
(1)
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 final 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:
(2)
Action by the Board of Supervisors 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 Subdivision
and Land Development Ordinance have been paid in full, and unless
the improvements agreement, if one is called for, has been executed.
(3)
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 Supervisors
shall than act to disapprove the application.
B.
Action by the Board of Supervisors to approve or disapprove the final
plan shall be made in the form of a motion which is duly passed by
the Board.
C.
If approved, the motion passed by the Board shall include stipulations
as to the terms of approval, including the improvements agreement
if one is called for. The conditions for approval shall be made in
writing and conveyed to the applicant.
D.
If disapproved, the motion passed by the Board shall include the
reason(s) for disapproval and shall be conveyed, in writing, to the
applicant.
E.
No final subdivision plan shall be signed and processed for recording
unless the review 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.
[Ord. 174, 12/20/2017]
1.
Within 30 days of the execution of the resolution approving the subdivision,
the applicant shall supply two Mylar reproducible print and four paper
prints of each plan in the set of final plans to the Township.
2.
The Township shall distribute the plans for signature by the Board
of Supervisors, the Township Planning Commission, and the Lehigh Valley
Planning Commission.
3.
Upon the placement of the signatures on the plan as required by Subsection 2 and within 90 days of the approval of the subdivision or land development, the applicant shall file the plan at the Northampton County Recorder of Deeds office in the form prescribed by the Recorder of Deeds. Proof of recording shall be furnished to the Township.
4.
The Township shall retain the Mylar set of plans and shall distribute
one set of the approved plans each to the Township Planning Commission,
the Board of Supervisors, and the Township Engineer.
5.
A completed and executed copy of the subdivision and/or land development
improvements agreement shall be supplied prior to plan recording.
[Ord. 174, 12/20/2017]
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 Northampton County Recorder of Deeds.
B.
The total tract boundary lines of the area being subdivided, with
accurate distances to hundredth of a foot and bearings to the nearest
second. These boundaries shall be determined by accurate survey in
the field, to an error of closure not to exceed one foot in 10,000
feet. The tract boundary shall be subsequently closed and balanced.
However, the boundary or boundaries adjoining additional unplotted
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 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 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), delta
angle of curve and chord bearing and distance. All internal angles
within the lots shall be designated to within the nearest second.
The proposed front, side and rear building setback lines, and the
proposed placement of each building and driveway shall be shown. The
area of each lot shall be noted in both square feet and acres.
E.
Officially established house/building numbers for street addresses
as assigned by the Township Engineer.
F.
All easements or rights-of-way and any limitations on such easements
or rights-of-way. 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 also shall be shown.
The terms of all easements or rights-of-way shall be stated in notes
on the plan.
G.
Such covenants, conditions and deed restrictions as may be imposed
upon the grantees, their heirs, executors and assigns, together with
a statement of any restrictions previously imposed which may affect
the title to the land being subdivided or developed. All such covenants
and restrictions shall be summarized in notes on the record plan and
shall include, as a minimum, the following:
(1)
After their construction, grantees shall repair and be responsible
for maintaining all swales and detention ponds. Once established and
approved, the extent and grades of all swales and detention ponds
shall be maintained in perpetuity. Maintenance shall include, but
not be limited to, regular lawn mowing, removal of trash/debris, plus
repair of all sinkholes.
(2)
All drainage swales within street rights-of-way and drainage/utility
easements shall be maintained in a grassed or otherwise improved conditions
in accordance with the grades and designs shown on the approved plans.
All these easements and roadside drainage swales shall be kept free
of all obstructions, including but not limited to such obstructions
such as fill, temporary or permanent structures, and landscaping materials
(other than grass).
(3)
All electric, telephone, and cable TV utility distribution lines
shall be installed underground.
(4)
All storm sewer lines shall be televised by the developer prior
to final acceptance of the improvements. A compact disc containing
the televising information shall be furnished to the Township.
H.
A statement of the intended use of all nonresidential lots or parcels,
with reference to restrictions 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 Northampton County Recorder of Deeds.
I.
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 Section 420 of the Act of June 1, 1945 (P.L. 1242, No
428), known as the 'State Highway Law,'[1] before driveway or roadway access to a state highway is
permitted."
[1]
Editor's Note: See 36 P.S. § 670-420.
J.
The location of all existing and proposed street monuments, as required by § 22A-902, Subsection 5; a certification of ownership, acknowledgment of plan, and offer of dedication and an acceptance clause for the Board of Supervisors shall be lettered on the plan, duly acknowledged and signed by the owner of the property, and notarized; a certificate indicating review of the plan by the Township Engineer shall be provided; a certificate for approval of the plan by the Township Board of Supervisors 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 Northampton 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.
K.
The final subdivision or land development plan shall contain the
following legend:
(1)
Prior to the issuance of a building permit or commencement of
construction for any individual lot or parcel shown hereon, the applicant
shall submit to the Township Engineer for review and approval, three
copies of a final grading plan drawn at a scale of one inch equals
20 feet. The grading plan shall be sealed by the professional engineer
or land surveyor responsible for the preparation of the plan. The
plan shall contain the following information:
(a)
Lot lines with bearings and distances, lot area, locations of
all existing and proposed lot corner monumentation, and tax parcel
identification number for the subject property.
(b)
Existing and proposed contour elevations at intervals of two
feet, including the subject lot, adjoining street(s) and 50 feet beyond
the subject property, as approved on the final grading plan. If the
average slope of the property is less than 3%, contour elevations
at intervals of one foot shall be provided.
(c)
Spot elevations for the first floor level of any structure,
primary on-lot sewage disposal systems (where applicable), finished
road elevations at point of entry, and any other area as deemed necessary
by the Township Engineer.
(d)
North reference, building restriction lines, easements and rights-of-way
within or adjacent to the subject property.
(e)
Location, size and elevations of all existing or proposed storm
drainage structures within or adjacent to the subject property.
(f)
All property adjoiners and names of adjoining street(s).
(g)
Locations of all percolation test holes and soil probes and
the locations and dimensions of primary and secondary on-lot sewage
disposal systems, where applicable.
(h)
The exact location and dimensions of any proposed structure,
appurtenant structure, road or driveway, with tie-in dimensions to
property line.
(i)
Individual lot soil erosion and sedimentation controls in accordance
with the approved subdivision plan or current conservation district
standards.
(j)
All covenants and conditions from the plan of record, if the
subject property is part of an approved and recorded subdivision plan.
L.
A covenant shall be added to the final plan that specifically assigns
the ownership and perpetual maintenance responsibilities for any required
permanent stormwater drainage facility.
4.
The final plan shall be accompanied by the following:
A.
A plan showing the following information:
(1)
Location, size and invert elevation of storm drainage systems,
and the location of all manholes, inlets and culverts, and where applicable,
all sanitary sewer and water distribution systems.
(2)
Final plan and profile drawings, typical sections and specifications
for proposed streets, storm drainage systems, and where applicable,
sanitary sewers and water distribution systems each shown on one or
more separate sheets.
B.
A completed and executed copy of the subdivision and/or land development
improvements agreement shall be in place before recording of the plan.
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-904.
D.
A copy of the PennDOT highway occupancy permit for any road or driveway
requiring access to a state route which is appropriate for the type
of access required.
E.
The original deed for any areas proposed for dedication in relation
to the subdivision or land development.
F.
An analysis establishing traffic signing and speed limits for any
roads created by the subdivision. All traffic and street signage shall
be shown on the final plan.
G.
Copies of the design approval letter from the governing public water
and public sewer providers, as applicable.
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 § 22A-504, Subsection 4A 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.
6.
Prior to the commencement of construction, there shall be a preconstruction
conference with all necessary agencies, including but not limited
to the Upper Nazareth Township, Northampton County Soil Conservation
District, all applicable utilities, governing water authority, contractors,
subcontractors, PennDOT, PADEP, and engineers to discuss the construction
process/schedule. The Township reserves the right to add or delete
attendees and to waive this requirement.
7.
The final plan shall contain a note indicating that prior to final
acceptance of improvements, the developer shall furnish the Township
with Record Utility Plans ("as-builts") for the project. The requirements
and content of these "as-built" plans shall be as specified in Appendix
F[2] of this chapter.
[2]
Editor's Note: Appendix F is included as an attachment to this chapter.
