[Added 11-14-2016 by Ord.
No. 2016-03]
As used in this article, the following terms shall have the
meanings indicated:
An annexation or add-on lot is the transfer of land between
adjacent separate lots, in which only one party is the subdividing
party. An annexation or add-on lot shall not create any new building
lots. There is no limit to the size or the area of the annexation
or add-on lot.
A lot line adjustment is the transfer of land between adjacent
separate lots, in which one or both parties may be the subdividing
party. The purpose of the lot line adjustment is to straighten out,
square off, or create a result that will be considered more favorable
than the current condition. The lot line adjustments shall not create
any new building lots. There is no limit to the size or area of a
lot line adjustment.
A.
The reduced submission requirements listed in this section shall apply, together with the procedural requirements of § 298-10, if either of the following apply:
(1)
The proposal will meet the definition of a "lot line adjustment"
or "annexation" or "add-on lot"; and/or
(2)
In the determination of the Township staff, and/or Township Engineer,
the proposal will involve revisions to a previously approved plan
and those revisions only involve changes in the supporting documentation
or engineering details or to correct erroneous data, or minor omissions.
(3)
Additional requirements:
(a)
The land area of each lot may be different after adjustment,
but the total lot area of the lots will be unchanged, unless road
right-of-way is offered for dedication.
(b)
No lot shall violate the applicable dimensional requirements of Chapter 350, Zoning, as a result of the adjustment(s).
(c)
Lot line adjustments may be allowed between undersized lots,
or between an undersized lot and a complying lot, in any district,
provided that the resulting lots satisfy the minimum width, depth,
frontage, and yard requirements of the district, and setbacks to existing
structures are not reduced by the lot line adjustment below the minimum
setback requirements.
(d)
Parcels in which the width, depth, and/or area do not conform
to current zoning requirements may be altered without full compliance
with current zoning requirements without obtaining a variance so long
as the revised parcels are equally or more conforming or the adjustment
is the minimum necessary to correct an error or clear an encroachment.
B.
The list of requirements at the end of this chapter shall serve as
both a list of requirements, and a checklist for the applicant and
the Township to ensure completion of submissions. The required information
listed in the section may be combined or separated onto different
sheets, provided that the plans are clearly legible.
C.
Additional information. The Planning Commission may require that
a plan under this section include the submission of specific additional
information that would be required if the plan would be a final minor
subdivision plan, if such specific information is necessary to determine
compliance with this chapter.
D.
Resulting lots meeting the requirements of this article that are
reduced in size shall be required to pursue secondary or reserve sewage
testing. Resulting lots that are increased in size shall not be required
to pursue secondary or reserve on-lot sewage testing.
E.
The lot line adjustment does not become valid until such time as
the forms and exhibits are approved and signed by the Township and
recorded in the Northampton County Recorder of Deeds office. The lot
line adjustment does not become complete until the deeds granting
the adjusted lots to the respective owners are also recorded. Such
deed recording shall be completed within 60 days of the plan's
recording.
The following submission and review process shall apply for lot line adjustments, annexations and minor revisions to approved plans under § 298-8.
A.
Final plan submission required. A final plan submission for each
application under this section shall be filed by the applicant and
reviewed in accordance with the provisions of this article. A preliminary
plan is not required for a submission under the article.
B.
Required submission.
(1)
The applicant shall file with the Township staff at least 30 calendar
days prior to a regular Planning Commissions meeting the required
fees, information and plans required under this article. Any subsequent
submission of revised plans shall be submitted at least 21 days before
the Planning Commission meeting when the plans are intended to be
reviewed.
(2)
If a state road is involved, the applicant shall forward the required
information to PennDOT and apply for a highway occupancy permit. If
such a permit is not issued prior to final plan approval, then it
may be a condition of final plan approval, and the plan shall not
be signed or released for recording until the permit is issued.
(3)
Each final plan filed shall provide the information required by the
checklist.
(4)
The applicant shall provide a copy of the plan to the Lehigh Valley
Planning Commission with the required fee.
C.
Initial action by staff.
(1)
The staff shall review the submission items filed against the checklist
for completeness and shall report such review to the Planning Commission
at its next regularly scheduled meeting.
(2)
The staff shall retain in the Commission's file one "file copy"
of all materials submitted by the applicant.
D.
Determination of completeness by Planning Commission.
(1)
Based upon the initial review by the Township staff and/or the Engineer,
the Planning Commission shall have the authority, at its first regularly
scheduled meeting after the submission is filed in a timely manner,
to determine whether or not the submission is complete, and therefore
whether or not to review the plan further and to do one of the following:
(a)
Not accept the submission, including the deficiencies, and return
the fee, minus the review costs to the applicant.
(b)
Table the acceptance of the submission until the next Planning
Commission meeting where the applicant has met all of the submission
requirements and has filed such materials within the required time
period. The ninety-day time limit for action shall not begin until
such acceptance.
(c)
Recommended that the plan be rejected by the Board of Supervisors
if the plan fails to meet ordinance requirements.
(2)
Zoning variances and approvals (for revisions other than previously
stated).
(a)
Applications for a subdivision shall comply with Chapter 350, Zoning, of the Code of the Township of Upper Mount Bethel, as amended. An application under this chapter shall not be considered to be complete for the purpose of starting the clock for the state-mandated ninety-day time limit if one or more zoning variances or special exceptions or conditional use zoning approval will be required. During this time the application may still be reviewed by the Township.
[1]
If a zoning variance or special exception or conditional use
approval is needed and has not been granted, and the applicant refuses
to grant a time extension, then the Board of Supervisors shall have
sufficient grounds to deny approval of the application.
[2]
At the discretion of the Board of Supervisors, a subdivision
may be approved conditioned upon the later approval of a zoning variance,
special exception, or conditional use.
(3)
A lot line adjustment, annexation, or minor revision of an approved plan approval shall not be delayed because of a court appeal of a zoning variance, special exception, or conditional use that was granted to the applicant. Instead, resolution of the appeal in favor of the applicant with no further appeals available shall be conditions for approval under this chapter. If an applicant appeals a zoning variance, special exception, or conditional use approval denied to him or her, then § 298-45D(2)(a) above shall apply.
E.
Review by Township Engineer. The Township Engineer shall review the
plan and prepare an initial report to the Planning Commission. The
Township Engineer may make additional reports and recommendations
to the Commission and the Board of Supervisors during the review of
the plan.
F.
Review by the Planning Commission. The Planning Commission shall
accomplish the following within the time limitation of the Pennsylvania
Municipal Planning Code,[1] unless applicant grants a written time extension:
(1)
Review all applicable reports received from the appropriate review
agencies and officials;
(2)
Determine whether the final plan submission meets the requirements
of the chapter and other applicable ordinances;
(3)
Review the final plan and recommend any needed revisions so the plan
will conform to this chapter and any other applicable ordinances;
(4)
Recommend approval, conditional approval or disapproval of the final
plan in an advisory report to the Board of Supervisors, which may
include recommending conditions for approval or describing requirements
which have not been met.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Review by Board of Supervisors.
(1)
The Board of Supervisors shall:
(a)
Review the report of the Planning Commission and any reports
received from any other official reviewing agency;
(b)
Determine whether the final plan meets the requirements of this
chapter and other applicable ordinances;
(c)
Approve, conditionally approve or disapprove the final plan
within the required time limits.
(2)
County planning commission review. No lot line adjustment, annexation
or minor revision to an approved plan shall be granted final approval
until a reply is received from the Lehigh Valley Planning Commission
or until the expiration of 30 days from the date the application was
forwarded to them, whichever shall occur first. The reply from the
Lehigh Valley Planning Commission may be made part of a condition
of approval.
H.
Decision by Board of Supervisors.
(1)
The decision of the Board of Supervisors shall be in writing shall
be communicated to the applicant personally, or mailed no later 15
days following the decision, unless the time, method and manner of
presentation of the decision have been waived by the applicant on
the record.
(2)
Acceptance of dedication.
(a)
The approval of the final plan by the Board of Supervisors shall
not, by itself, constitute an acceptance of the dedication of any
street or other proposed public way, space or area, unless such acceptance
is specifically made at such time.
(b)
Any such acceptance of dedication shall be specifically stated
along with the signatures required for approval.
(c)
If the Board of Supervisors elects to accept the lands offered
for dedication, the submission shall be accomplished by duly executed
instruments of conveyance to the Township. Such instruments shall
state that the title thereof is free and unencumbered. The Board of
Supervisors may require an applicant to provide title insurance.
(3)
If a final plan submission is disapproved, the decision shall specify
defects found in the submission, shall describe requirements which
have not been met, and shall cite the provisions of the statue or
ordinance relied upon in each case.
(4)
The applicant shall have a maximum of 30 days after the action of
the Board of Supervisors to accept or reject any conditions upon approval.
If the applicant does not reject a condition in writing within said
thirty-day period, the conditions shall be considered to have been
accepted. If a condition is rejected by the applicant, the submission
shall be considered to have been disapproved, except as otherwise
provided though a court challenge.
