This chapter shall be known and may be cited as the "North Whitehall
Township Subdivision and Land Development Ordinance of 1999."
This chapter is established to regulate and control the subdivision and development of land within the Township so as to provide sites suitable for human habitation, commercial and industrial operations, and other uses for which land may be developed. In so doing, to create conditions favorable to the health, safety, morals, welfare of the community, and consistent with the goals of the Comprehensive Plan and Chapter 440, Zoning, of North Whitehall Township and the Pennsylvania Municipalities Planning Code.
A.
No subdivision or land development of any lot, tract, or parcel of
land shall be made, and no street, sanitary sewer, storm sewer or
water main, gas, oil or utility transmission lines, or other improvements
in connection therewith, shall be constructed, initiated, or dedicated
for public use or for the common use of occupants of buildings abutting
thereon except in accordance with this chapter.
B.
No lot in a subdivision or land development may be sold, and no permit
to erect any building or structure upon land in a subdivision or land
development may be issued, unless and until a final plan has been
approved and recorded and either the required improvements in connection
therewith have been constructed or the Township has been guaranteed
by means of financial security acceptable to the Supervisors that
the improvements will subsequently be installed.
Any subdivision by lease of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement
of access or residential dwellings, shall be exempt from the regulations
of this chapter.
The provisions of this chapter shall be interpreted and applied
as minimum requirements. When provisions, standards and specifications
of this chapter conflict with state statute, other ordinances or regulations,
the more restrictive requirement shall apply regardless of its source,
unless specified to the contrary. The illustrations in this chapter
are not a part of the chapter, but are included for purposes of explanation
and clarification.
A.
From the time an application for approval of a plat, whether preliminary
or final, has been approved or approved subject to conditions, no
subsequent change or amendment in the zoning, subdivision or other
governing ordinance or plan shall be applied to adversely affect the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of such approval
within five years from such approval.
B.
If final plan approval is preceded by preliminary plan approval,
the five-year period shall be counted from the date of the preliminary
plan approval.
Where, owing to peculiar conditions of a specific tract of land,
a literal enforcement of this chapter or its accompanying regulations
would result in unnecessary hardship, the Supervisors may make reasonable
modifications and exceptions, provided such modifications and exceptions
are consistent with the public interest and that the purpose and intent
of the chapter are observed. Proof of unnecessary hardship must be
presented to the Planning Commission by the developer, and all requests
for modification shall be in writing, accompany and be part of the
application for plan approval. The Planning Commission shall review
the applicant's request and submit a written report to the Supervisors.
The request for an exception shall be reviewed at a public meeting
of the Supervisors, which shall make findings of fact consistent with
the goals of the Comprehensive Plan and the intent of this chapter.
[Amended 11-15-2000 by Ord. No. 2000-1]
Plans shall not be considered filed until all application fees
are paid and the applications are properly signed.
A.
The Supervisors shall appoint one or more persons to enforce the
provisions of this chapter.
B.
The Township shall have the right to enter and inspect the actual
construction site for any approved subdivision or land development
plan and take such reasonable measures as it deems necessary to provide
for the inspection of such projects, including the appointment of
an engineer or other agent to act on behalf of the Township.
C.
Any action inconsistent with the provisions of this chapter shall
be subject to a cease-and-desist order and other appropriate measures
by the Code Enforcement Officer as provided within the requirements
of the Pennsylvania Municipalities Planning Code, as amended.
A.
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Supervisors or their authorized representatives, pay a judgment of not more than $500 plus all court costs, including attorneys and engineering fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 375-3, Application of the ordinance, without following the applicable procedures of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
C.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determining
that there has been a violation further determines that there was
a good-faith basis for the person, partnership or corporation violating
the chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and, thereafter, each day that
a violation continues shall constitute a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township shall maintain records of the findings, decisions,
and recommendations of the Planning Commission and the Supervisors
regarding all subdivision and land development plans. Such records
shall be available to the public for review.
A.
Only one plan concerning any one tract of land or portion thereof
shall be before the Township for review at any time. The review period
shall terminate when the plan is either recorded, rejected or withdrawn.
B.
Until a submission is approved or rejected by the Supervisors, the
applicant may withdraw the submission and submit a revised plan following
the submission and review procedures which apply to that plan. For
any submittal of a revision of a previously submitted plan, the Township
may require the applicant to submit additional fees if needed, based
upon the Township's expenditures on the review up to that time.
C.
A revision or resubdivision of a recorded plan or a final plan approved
by the Supervisors shall be considered as a new subdivision and shall
comply with all of the regulations of this chapter.
D.
For a revision to a recorded plan in which the Township staff determines that the revision is only for a lot line adjustment (which may include an annexation) or to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of Article VII.
The regulations set forth in this chapter may, from time to
time, be amended by the Supervisors, following the procedures of the
Pennsylvania Municipalities Planning Code, as amended, including a
Supervisors' public hearing (with public notice required by the Municipalities
Planning Code).
A.
Planning Commission review. The Township staff shall submit each
proposed amendment (other than an amendment prepared by or under the
direction of the Planning Commission) to the Planning Commission for
recommendations at least 30 days prior to the date for the Supervisors'
public hearing.
B.
Lehigh Valley Planning Commission.
(1)
LVPC submission prior to hearing. The Supervisors shall submit any
proposed amendment to the Lehigh Valley Planning Commission at least
30 days before the public hearing on such amendments.
(2)
LVPC submission after adoption. Within 30 days after adoption, the
Supervisors shall forward a certified copy of the subdivision and
land development ordinance to the LVPC.
C.
Public notice. The Supervisors shall publish the proposed amendment
once in a newspaper of general circulation, within the requirements
of the Municipalities Planning Code, as amended. Publication of the
proposed amendment shall include either the full text thereof or the
title and a brief summary. If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
(2)
An attested copy of the proposed amendment shall be filed in the
Lehigh County Law Library.
(3)
A copy thereof shall be kept on hand at the Township office for inspection
by the general public.
D.
Changes. In the event substantial changes are made in the proposed
amendment before voting upon enactment, the Supervisors shall, at
least 10 days prior to enactment, readvertise in one newspaper of
general circulation in the Township a brief summary setting forth
all the provisions in reasonable detail, together with a summary of
the changes.
E.
Ordinance book. Subdivision and land development amendments may be
incorporated into the official Township ordinance book by reference
with the same force and effect as if duly recorded therein.
Decisions of the Supervisors may be appealed in accordance with
the Pennsylvania Municipalities Planning Code, as amended.
Neither the approval nor the granting of any building permit,
any applicable floodplain permit, site plan review, subdivision approval,
land development approval, zoning permit, earthmoving permit, sedimentation
and erosion control review, stormwater management review, wetland
delineation and/or wetland review, steep slope review or any other
review or permit of this chapter, involving any land governed by the
provisions of this chapter, by an officer, employee, consultant or
agency of the Township, shall constitute a representation, guarantee
or warranty of any kind by the Township or its employees, consultants,
officials or agencies of the practicality or safety of any structure,
use or subdivision and shall create no liability upon, nor a cause
of action against, any Township body, consultant, official or employee
for any damage that may result pursuant thereto.
All plans shall comply with applicable state professional certification
laws, including the State Professional Engineers Registration Law;
Engineer, Land Surveyor and Geologist Registration Law; and the Landscape
Architect's Registration Law.[1]
[1]
Editor's Note: See 63 P.S. § 148 et seq. and 63
P.S. § 901 et seq., respectively.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
The Supervisors hereby declare that they would have passed this chapter
and each section or part thereof irrespective of the fact that any
one or more sections or parts thereof be declared invalid.
All other Township ordinances or parts thereof that were adopted
prior to this chapter, including the preexisting North Whitehall Township
Subdivision and Land Development Ordinance, as amended, except any
provisions that are specifically referenced by this chapter, are hereby
repealed. However, previously adopted stormwater management ordinances
adopted pursuant to State Act 167 of 1978[1] are specifically not repealed and remain in effect.
[1]
Editor's Note: See 32 P.S. § 680.1 et seq.
The provisions of this chapter that only repeat, summarize or
reference provisions of the Municipalities Planning Code shall be
deemed to be automatically superseded and replaced by any applicable
amendments to such provisions of the Municipalities Planning Code
at the date such amendments become effective as state law.
Unless specifically stated, a land development shall be required
to follow the same submission requirements, review procedures and
other requirements of this chapter as a major subdivision.
This chapter shall become effective 10 days after adoption by
the Supervisors.
