This article summarizes the general procedures for the submission and review of proposed subdivisions and land developments. This article constitutes a general explanation of the subdivision and land development procedures. Consult the actual provisions of the other articles of this chapter for additional details. Two flowcharts are included at the end of this article to show the general process for subdivisions or land developments and lot line adjustments.[1]
[1]
Editor's Note: Said flowcharts are included as attachments to this chapter.
A. 
Review and approval stages.
(1) 
Three stages of plan submissions are established: sketch, preliminary, and final, as outlined below:
Type of Proposed Subdivision or Land Development
Stage
Article of Chapter
Land Development
Major and Minor Subdivision
Lot Line Adjustment
Sketch plan
IV
Recommended
Recommended
Recommended
Preliminary plan*
V
Required
Required
Not required
Final plan
VI
Required
Required
Required
Guarantee of improvements installation
VIII
Required
Required
Required
Recording of final plan
IX
Required
Required
Required
NOTES:
*
At the request of a developer, the Planning Commission, at its option, may accept and review a submission as a preliminary/final plan. Review under this procedure exception does not insure the developer of any faster approval than could result from separate preliminary and final plan submissions.
(2) 
If the submission is considered by the Planning Commission to meet all of the requirements of both a preliminary plan and a final plan, as specified in this chapter, then the Planning Commission may recommend to the Supervisors that the plan be granted both preliminary and final plan approval concurrently.
(3) 
If the plan submitted is determined by the Planning Commission to meet all of the requirements of a preliminary plan, but does not meet all requirements of a final plan submission, then the Planning Commission shall review it as a preliminary plan only.
B. 
Sketch plan. While a sketch plan is not required, it is strongly recommended as an initial submission for all subdivisions and land developments. It allows the applicant to consult early and informally with the Planning Commission and Supervisors before preparing a preliminary plan and formal application for approval. The sketch plan can also be used to classify the submission as a minor or major subdivision, lot line adjustment or land development.
C. 
Preliminary plan. Preliminary plans are required to be submitted for all subdivisions and land developments. The purpose of a preliminary plan is to achieve formal approval of the basic elements of a subdivision and minimize the need for revisions at final plan stage.
D. 
Final plan. After approval of the preliminary plan of a subdivision or land development, the applicant files a final plan. A final plan must be approved prior to recording of the plans by the Township in the county and prior to the sale of any lots or the construction of any buildings.
E. 
Installation or guarantee improvements. Before approving any final subdivision or land development plan, the Supervisors shall require either:
(1) 
That the improvements required by this chapter shall have been installed in strict accordance with the standards and specifications of this chapter; or
(2) 
That the Township be assured by means of a proper subdivision improvements agreement and performance guarantee that the improvements required by this chapter will subsequently be installed.
F. 
Recording of final plan.
(1) 
Upon satisfaction of all conditions of final approval, the Township will record the final plan, approved by the Supervisors, in the office of the Recorder of Deeds of the County of Lehigh. The costs for such recording will be paid by the developer.
(2) 
When requested by the developer, in order to facilitate financing, the Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days of final approval, unless a written extension is granted by the Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
(3) 
If the final plan is not recorded within 90 days of final approval, final approval shall automatically be revoked and the final plan denied, unless the developer applies to the Supervisors for a time extension in a timely fashion, and the extension has been granted by the Supervisors.
A. 
Submission and property owner notification. The applicant shall submit the plan with the required number of copies to the Administrator by registered or certified mail or by delivery in person. The submission deadline is as defined in Article II, Definitions. The Administrator shall review the submission within seven calendar days to determine whether the submission is complete. If the submission is not complete, the submission shall be returned to the applicant, otherwise the Administrator shall accept the plan.
[Amended 11-3-2004 by Ord. No. 2004-4; 10-4-2021 by Ord. No. 2021-3]
(1) 
Any applicant submitting plans for a subdivision or a land development shall notify all individuals or entities who own real estate adjoining or adjoining an adjoiner (located in the Township of North Whitehall) of the pendency of such subdivision or land development proposal, in writing, on a form attached hereto as Appendix J.[1] Such notice shall be made by regular mail to the landowner's last-known address. The address on the tax rolls shall be considered the last-known address. Such notice shall be mailed within 10 days after the submission of the first plan submission (sketch or preliminary). Verification of mailing, including a copy of the names, addresses, and tax parcel numbers of each person to whom the notice was mailed, shall be given to the Township within 10 days of submission. The applicant shall also post a copy of the Appendix J notice at a minimum of two conspicuous locations on the subject property. The size of the postings shall be greater than 200 square inches. The applicant shall submit photographs of the posting within 10 days of submission.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B. 
Forwarding of plans for review. After receiving plans from the applicant, the Administrator shall have available plans for the members of the Planning Commission and Township staff.
C. 
Review by Planning Commission. The Planning Commission may review the submission at its next regularly scheduled meeting or at a special meeting if the agenda of the regularly scheduled meeting is filled.
D. 
Attendance. The applicant and/or his/her duly authorized representative shall attend the Planning Commission meetings to discuss the submitted plans. The plan will not be reviewed without the applicant and/or his/her representative being present and failure to appear shall be sufficient cause for plan rejection if an extension in time is not agreed to by the applicant.
E. 
Approval of plats. All applications for approval of a plat, whether preliminary or final, shall be acted upon by the Planning Commission within such time limits as are specified in the respective article of this chapter, but the Supervisors shall render their decision and communicate it to the applicant not later than 90 days after the first regular meeting of the Planning Commission that follows an acceptable submission by the applicant, unless the applicant grants a time extension. Should the said next regular meeting occur more than 30 days following the date of the acceptable submission, the said ninety-day period shall be measured from the 30th day following the date of the said acceptable submission.
F. 
Public hearing. The Supervisors may hold a public hearing or hearings prior to rendering their decision on any final plan.
G. 
Notification of applicant. The Planning Commission and the Supervisors shall communicate their decision, in writing, either personally or by mail to the applicant's last-known address not later than 15 days following the day such decision has been made.