A preliminary plan is intended to establish the overall development
scheme to minimize the need for revisions of final plans.
A.
Preliminary plan submission required.
B.
Required submission procedures.
(1)
The applicant shall submit to the Township Planning Administrator by the submission deadline as is defined in Article II, Definitions.
[Amended 11-3-2004 by Ord. No. 2004-4]
(2)
The Administrator will forward applicable plans to the following
prior to preliminary plan review:
(3)
Applicant's distribution. The applicant is fully responsible for
the following:
(a)
Contacting the appropriate utility companies in order to secure
adequate service;
(b)
Seeking at least an informal review by PennDOT of any proposed
access onto a state road, and providing PennDOT with sufficient information
for such a review;
(c)
Determining whether any permits or approvals are needed from
any agency outside of the Township, including but not limited to DEP
(including any obstruction to a waterway) and the Army Corps of Engineers
(including determining whether any wetland will be disturbed or intrusion
into a floodplain as defined in Chapter 221, Floodplain Management);
(d)
Providing a copy of the sedimentation and erosion control plans
to the Lehigh County Conservation District, together with their required
review fees, if any earth disturbance is proposed;
(e)
Contacting adjacent municipalities. If any portion of a subdivision
or land development: 1) is proposed within 200 feet of the boundary
of another municipality or 2) would clearly have an impact upon another
municipality as determined by the Planning Commission, then the applicant
shall provide a copy of the layout plan to that municipality for an
advisory review;
(f)
Providing a copy of the plans to the Lehigh Valley Planning
Commission, together with their required review fees.
(4)
Each preliminary plan and supporting documents should incorporate
any revisions recommended by the Planning Commission, the Township
Engineer/consultants and other appropriate Township officials during
sketch plan review.
(5)
Colored layout plan. It is recommended and the Planning Commission
may require that the applicant provide one copy of the layout plan
that is lightly colored to highlight major features (such as paving,
trees, waterways, streets, wetlands and building locations, if known)
to allow clear understanding by the general public at public meetings.
(6)
Revisions. A detailed list of revisions from a previously submitted
plan shall be provided whenever a revised plan is submitted. The developer's
plan preparer shall certify that the list of revisions is complete.
Revisions shall be numbered and dated and will coincide with the numbering
system on the plan revision block.
C.
Initial determination of completeness/acceptability.
(1)
The Administrator will review the submission for the necessary administrative
information and material within seven days of submission by the applicant.
Guidelines for this review are denoted as "A. General submission items"
on the Preliminary Plan Requirements Checklist.[1]
[1]
Editor's Note: Said checklist is included as an attachment
to this chapter.
(2)
If the Administrator determines that the submission is complete,
the plan will be filed for review at the next regularly scheduled
Planning Commission meeting and the Administrator will provide a preliminary
plan receipt to the applicant.
(3)
If the Administrator determines that the submission is incomplete,
the submission will be returned to the applicant with deficiencies
indicated in writing and the submission shall thereby be deemed as
not having been accepted.
(4)
Zoning issues.
(a)
The preliminary plan submission will not be considered to be
complete if resolution of one or more zoning issues are required for
the submission to legally proceed as submitted. The ninety-day time
limit set forth in the Municipalities Planning Code shall begin on
the date of the Planning Commission meeting during which the plan
is considered after all required zoning issues have been resolved.
(b)
A preliminary plan review shall not be delayed because of a
court appeal of a zoning decision that was granted to the applicant.
Satisfactory resolution of such appeal may be made a condition for
approval under this chapter. If an applicant appeals a zoning decision
that was not granted to the applicant, then § 375-32(C)(4)(a),
above, shall still apply.
D.
Review by the Township Engineer/consultants and staff.
(1)
Prior to the Planning Commission meeting when the preliminary plan
is reviewed, the Township Engineer/consultants shall review the engineering
considerations of the preliminary plan and prepare a written review
on such considerations to the Commission. The Zoning Officer, as well
as other Township staff, may also prepare written review reports.
(2)
The Township Engineer/consultants may make additional reports and
recommendations to the Commission and the Supervisors during review
of the plan.
(3)
The applicant and/or his/her plan preparer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The Township Engineer/consultants
may require the applicant or his/her plan preparer to meet with the
Township Engineer/consultants for this purpose.
(4)
A copy of written findings of the Township Engineer/consultants and
staff shall be sent or handed in person to the applicant or his/her
representative by the Township staff.
E.
Site inspection. The Commission, Township Engineer/consultants and
Township staff may conduct a site inspection(s) of the proposed subdivision
or land development with the consent of the owner prior to taking
action upon the preliminary plan. If weather or other conditions prevent
a proper and adequate inspection, the Commission may take conditional
action subject to a subsequent inspection.
F.
Review by the Planning Commission. The Planning Commission shall
accomplish the following within the time limitations of the Pennsylvania
Municipalities Planning Code (unless the applicant grants a written
time extension), while allowing a sufficient number of days within
this deadline for a decision by the Supervisors.
(1)
Review the preliminary plan submission and all applicable reports;
(2)
Determine whether the preliminary plan submission meets the requirements
of this chapter and other applicable ordinances;
(3)
Require revisions to the submission that are needed to comply with
this chapter;
(4)
Recommend approval or rejection of the preliminary plan submission
in a written report to the Supervisors that specifies and recommends
conditions for approval, identifies defects found in the application,
describes requirements which have not been met and cites the provision
of the ordinance relied upon.
G.
Review by the Board of Supervisors. The Supervisors shall:
(1)
Review the report of the Planning Commission and any applicable reports,
(2)
Determine whether the preliminary plan submission meets the requirements
of this chapter and other applicable ordinances,
(3)
Approve or reject the preliminary plan submission within the time
limits required by the Pennsylvania Municipalities Planning Code.
As of March 1995 this law requires:
(a)
The Supervisors shall render their decision no later than 90
days following the date of the first regular meeting of the Planning
Commission held after the preliminary plan has been properly filed
for review; provided, however, should the said next regular meeting
of the Planning Commission occur more than 30 days following the acceptance
of the submission, the said ninety-day period shall be measured from
the 13th day following the date the submission was accepted as being
filed for review;
(b)
That no subdivision or land development shall be granted final
approval until a report is received from the Lehigh Valley Planning
Commission or until the expiration of 30 days from the date the application
was forwarded to the Lehigh Valley Planning Commission.
H.
Decision by Board of Supervisors.
(1)
The decision of the Supervisors shall be in writing and shall be
communicated to the applicant personally or by mail at his/her last-known
address no later than 15 days following the decision.
(2)
Approval of the preliminary plan submission shall constitute conditional
approval of the subdivision or land development as to the character
and intensity, but shall not: a) constitute approval of the final
plan or b) authorize the sale of lots, construction of buildings,
or earthmoving operations without approval from the LCCD and possession
of an earthmoving permit/zoning permit from the Township.
(3)
If the preliminary plan submission is rejected, the decision shall
specify defects found in the submission, describe requirements which
have not been met and cite the provisions of the statute or ordinance
relied upon in each case.
(4)
At the discretion of the Supervisors, the Board may grant preliminary and final plan approval concurrently if: a) the preliminary plan submission also meets all of the requirements of a final plan submission, b) the Board determines that there are no significant outstanding matters regarding the plan, and c) such preliminary/final plan submission has been approved by the Planning Commission. (See § 375-25.)
I.
Final plan submission deadline.
(See § 375-32A regarding when a preliminary plan is required.) All of the following information and materials listed in this section are required parts of preliminary plans for any land development and any subdivision. This list of requirements shall serve as both a list of requirements, and a checklist for the applicant and the Township to use to ensure completeness of submission.[1] The applicant shall submit completed copies of this section
as part of the application.
[1]
Editor's Note: Said checklist is included as an attachment
to this chapter.
All certification shall comply with the state professional licensing
laws. All subdivisions and land developments shall be certified and
stamped by a registered land surveyor. At least three sets of copies
of plans provided to the Township shall bear original signatures and
original seals, one of which should be marked as a "Township file
copy."
