[Ord. 01-11, 6/21/2001, § 401; as amended by Ord.
2011-4, 7/7/2011; Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
1.
Preliminary plans and all required supplementary data for all proposed
subdivisions and land developments shall be submitted to the Township
by 12:00 noon 30 days prior to the Planning Commission Meeting at
which the applicant intends to appear.
2.
Official submission of a preliminary plan to the Township Community
Development Department shall comprise the following:
A.
Submission of one copy of a completed preliminary subdivision or
land development application.
B.
Submission of three sets of paper prints of the preliminary plan, which shall fully comply with provisions of this chapter as set forth in § 22-403.
C.
The Township
shall have five days from plan submission to determine if the submission
is complete. In the event a plan submission is determined to be incomplete,
all submission documents will be returned to the Applicant.
E.
Any deposit tendered by a developer to reimburse the Township for professional fees shall be utilized in plan review, construction observation and in administration of the development or subdivision proposed, including fees and costs incurred in enforcement of the provisions of this Chapter, the Zoning Ordinance (Chapter 27) and any subdivision improvement or maintenance agreement entered into, between developer and the Township. Such deposit, while retained by the Township, shall be maintained in a non-interest-bearing account, and the unused portion of the deposit shall be returned to the developer at the conclusion of all work accomplished on the development or subdivision.
F.
Electronic submission to the Township or CD containing all submitted
information as set forth above.
3.
The Township shall distribute the plans and other material as follows.
A.
One set
of the plans and one set of the supplemental information to the Township
Planning Commission. Two sets of plans and one set of supplemental
information to the Township Engineer. Distribution may be by paper
copy, CD, or electronic transmission.
B.
Whenever
a proposed subdivision or land development is located within 500 feet
of the boundary or has a major infrastructure impact on another municipality,
one print of the preliminary plan shall be submitted to the respective
municipalities, and the following letter should be forwarded: "This
is a development in your proximity and Upper Macungie Township would
like to know if you have any concerns regarding same. This plan will
be reviewed at the Planning Commission's meeting on (date); therefore,
the Township would appreciate receiving your comments prior to that
date."
4.
The applicant shall submit one set of plans, all supplemental material
relevant to said agency, with letters of transmittals included in
the Township application and required fees, to the following agencies:
A.
Lehigh Valley Planning Commission.
B.
Lehigh County Conservation District.
C.
Lehigh County Authority (whenever public water is proposed or a portion
of the public water system is within 150 feet of any portion of the
subject tract).
D.
PennDOT (whenever the property being subdivided abuts a state road
or potentially impacts a nearby state road).
5.
Resubmission shall meet the following conditions:
A.
Resubmission deadline is at 12:00 noon, 30 days prior to the Planning
Commission meeting at which the applicant wishes to appear.
[Amended by Ord. No. 2023-04, 5/4/2023]
B.
A proper resubmission shall include three complete sets of plans
and supporting documents and application noting submission as a revised
preliminary plan with a letter indicating the agenda on which this
plan should be placed.
C.
The Township
shall have five days from plan resubmission to determine if the submission
is complete. In the event a plan submission is determined to be incomplete,
all submission documents will be returned to the Applicant.
D.
A written response to the comments of the Township Engineer and staff
describing the type and locations made to address each comment.
E.
Revised plans shall note date of most recent revision on each altered
sheet and title page of the plan set.
F.
The submission of a final plan may not be considered as a revised
preliminary plan.
G.
Electronic submission to the Township or CD containing all submitted
information as set forth above.
[Ord. 01-11, 6/21/2001, § 402; as amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
1.
By the Township Planning Commission.
A.
When a preliminary plan has been submitted to the Township Community
Development Department and is found to be a complete submission, such
plan shall be placed on the agenda of the Planning Commission for
review at a meeting to be held within 30 days of the submission/resubmission,
provided that such submission has occurred no less than 30 days prior
to such meeting. The Planning Commission may hold a public meeting
on the preliminary plan at this time.
[Amended by Ord. No. 2023-04, 5/4/2023]
B.
The Planning Commission shall review the preliminary 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.
[Amended by Ord. No. 2023-04, 5/4/2023]
C.
The Planning Commission shall recommend to the Board of Supervisors,
in writing, that the preliminary plan be approved or disapproved,
together with the documented findings upon which the recommendations
are based.
2.
By the Board of Supervisors.
A.
Within 90 days following the date of the regular meeting of the Planning
Commission next 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
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 preliminary plan. This time
period may be extended by action of the Board of Supervisors 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 subsection. The decision and findings
shall be communicated to the:
B.
The Board
of Supervisors will not act to approve a plan that does not meet all
of the conditions of the Planning Commission recommendations for approval.
The determination that the Planning Commission's conditions have been
met will be based upon the review of the Township Engineer and the
Township staff of the last complete submission received from the applicant.
This complete submission, with a transmittal and response to the items
contained in the Township Engineer review and Township staff review,
must be submitted 30 days prior to the public meeting at which the
Board of Supervisors is expected to take action. If this submission
is not made 30 days prior to the meeting, the Board of Supervisors
may elect to act on the last plan properly submitted. The Board of
Supervisors may, at its sole discretion, elect to attach conditions
to its action to approve an application. Any such conditions shall
be minor in scope and shall be intended to include, but not be strictly
limited to, items such as the final payment of fees, the execution
of development agreements, the posting of security, the issuance of
all outside agencies' permits, and the final issuance of a PennDOT
highway occupancy permit (HOP), as long as such permit requirement
is properly noted on the plan.
[Amended by Ord. No. 2023-04, 5/4/2023]
C.
The applicant
shall be provided with a form to indicate his acceptance of the condition
of approval imposed by the Board of Supervisors. This form shall accompany
the resolution of approval and must be signed and returned by the
applicant within 10 days of receipt. The failure to sign and return
such form shall be considered to be a rejection of all of the conditions
of the Board's approval, and the plans shall be deemed denied.
[Ord. 11-11, 6/21/2001, § 403]
1.
The preliminary plan of a proposed subdivision shall be clearly and
legibly drawn to a minimum scale of one inch equals 50 feet.
3.
If the subdivision layout requires more than one sheet or if the
subdivision involves more than one section or phase, a title sheet
shall be provided. The title sheet shall include the road and lot
layout plan at a minimum scale of one inch equals 200 feet. The plan
shall illustrate the boundaries of the areas covered on the different
sheets, sections and phases. If the subdivision is for a section or
phase of a subdivision the relevant section or phase shall be differentiated
in pattern from the remaining sections. The plan shall also indicate
roads within 200 feet of the site and shall include an index of the
plans.
4.
The preliminary plan shall illustrate the following data:
A.
Name and address of record owner; name of developer if different
from owner; names of all adjoining subdivisions, if any, and the names
of owners of all adjacent unplatted land, with the tax map, block
and lot numbers where recorded.
B.
Name of the proposed subdivision; name of the municipality or municipalities
within which subdivision is proposed; total tract boundaries of the
property being subdivided, showing bearings and distances, and a statement
of total acreage of the property.
C.
Name, address, license number and seal of registered engineer and/or
land surveyor responsible for the subdivision plan. Magnetic North
point, graphic scale and date, including the month, day and year,
that the original drawing was completed, and the month, day and year
that the original drawing was revised, for each revision.
D.
A key map, for the purpose of locating the property being subdivided,
drawn at a scale not smaller than one inch equals 2,000 feet. To depict
the relation of the property, differentiated by tone or pattern, to
adjoining property and to all streets, streams, municipal boundaries,
zoning districts and recorded subdivision plans existing within 2,000
feet of any part of the property.
E.
Tax map, block, and lot numbers within the proposed subdivision tract;
all existing streets, including streets of record (recorded, but not
constructed), on or adjoining the tract, including names, right-of-way
widths, cartway (pavement) widths and approximate grades.
F.
All existing buildings or other structures within the proposed subdivision
tract.
[Amended by Ord. No. 2021-14, 12/2/2021]
G.
All existing or publicly recorded stormwater management facilities
and recreation facilities within 200 feet of the boundaries of the
proposed subdivision/land development tract, or to a distance deemed
satisfactory by the Township Engineer.
[Amended by Ord. No. 2019-05, 8/1/2019]
H.
All existing underground utility structures, such as, but not limited
to, petroleum lines, gas lines, communication lines, fire hydrants,
utility transmission lines, culverts, bridges, railroads, sidewalks,
bike paths or other man-made features within the proposed subdivision
tract and within 200 feet of the boundaries of the proposed subdivision
tract. The location, width and purpose of existing easements and utility
rights-of-way within 200 feet of the proposed subdivision tract, or
to a distance deemed satisfactory by the Township Engineer.
[Amended by Ord. No. 2019-05, 8/1/2019]
I.
Contour lines at vertical intervals of not more than two feet. Location
and elevation of the data to which contour elevations refer shall
be the closest United States Coast and Geodetic Survey established
bench mark, where available. In any case, the bench mark reference
and datum shall be clearly indicated.
J.
Geodetic coordinates shall be provided for two corners of the perimeter
of the subdivision, when required by the Township Engineer, to facilitate
the location of the subdivision location on the Township and County
maps.
K.
The full plan of proposed development, including the following:
(1)
Location and width of all streets and rights-of-way, with a
statement of any conditions governing their use; suggested street
names and utility easement locations; all applicable design criteria
under Part 7.
(2)
All required building setback lines.
[Amended by Ord. No. 2021-14, 12/2/2021]
(3)
Lot lines, with approximate dimensions and approximate lot sizes.
(4)
A statement of the intended use of all nonresidential lots and
parcels.
(5)
Lot numbers and a statement of the total number of lots, parcels,
dwelling units and density.
(6)
Water, sanitary sewer (including Township standardized manhole
numbering), storm sewer lines (and other drainage facilities) with
the size and material of each indicated and any proposed connections
with existing facilities.
[Amended by Ord. No. 2021-14, 12/2/2021]
(7)
Electric and gas service easements and locations.
(8)
Parks, playgrounds and other areas dedicated or reserved for
public or common use, with any conditions governing such use and any
proposed improvements. Land dedicated to the Township for recreation
shall be graded per Township direction. Final grade contour lines
at intervals of not more than two feet shall be shown.
(9)
Certification of ownership.
(10)
Owner's name, address and title (if corporation, partnership,
etc.) and equitable owner's name, address and title.
(11)
Copies of the proposed deed restrictions protective and restrictive
covenants, referenced to the preliminary plan map.
(12)
All notes, current revision number, description, date revised,
approvals, title block, right-of-way dedications, Township approvals
and acceptances.
(13)
Any revisions to the drawings after Township acceptance and
signature shall be clearly indicated on the drawing. The revision
description shall be placed on the drawing with a current revision
number and date and shall be approved by the Township Engineer.
(14)
Location of street signs and stop signs.
(15)
All unrecorded drawings that are submitted as official shall
contain a title block with a current revision number and date revised.
Any changes shall be clearly indicated on the drawing and shall be
approved by the Township Engineer.
(16)
A note should be placed on the plan indicating the intention associated with nontemporary subdivision identification signs. See also the Zoning Ordinance (Chapter 27).
(17)
A plan indicating slopes in percent at increments of 5%, based
on a minimum of two-foot contour intervals, with the locations of
streets and homes or commercial and industrial buildings. Properties
with grades under 5% shall depict one-foot contours and spot elevations
as required to determine the direction of predevelopment drainage
patterns and grading design.
(19)
A table depicting maximum allowable impervious coverage for each residential building lot based on either § 27-307 (Table of Lot and Setback Requirements by District) or on the Approved Post-Construction Stormwater Management Report, whichever is more restrictive.
[Added by Ord. No. 2021-14, 12/2/2021]
(20)
Location and type of any existing on-lot septic system components
(absorption area, tanks, spray fields, etc.).
[Added by Ord. No. 2021-14, 12/2/2021]
(21)
Location of any existing on-lot potable water supply wells.
[Added by Ord. No. 2021-14, 12/2/2021]
5.
The preliminary plan shall be accompanied by the following supplementary
data:
A.
Site Analysis Maps. [Where feasible and legible, the analysis involved in Subsections 5A(1) through (4) of this Section may be illustrated on one or a combination of composite maps. The combined impact of the natural characteristics of the tract upon the development potential of the tract shall be clearly illustrated on the map or maps.)
(1)
A map illustrating an analysis of natural drainage patterns
and water resources within the proposed subdivision tract, including
delineation of streams, natural drainage swales, ponds and lakes,
wetlands, one-hundred-year floodplains and closed depressions.
(2)
A map illustrating an analysis of types of soils present within
the proposed subdivision tract, based on the Lehigh County Soil Survey,
the Upper Macungie Township Comprehensive Plan and other sources.
The map should include delineation of prime agricultural soil areas,
hydric soils, aquifer recharge areas, unstable soils, soils most susceptible
to erosion, soils most suitable for urban development and soils suitable
for on-lot sewage disposal.
(3)
A map illustrating the characteristics of rock formations underlying
the tract, including a delineation of karst features, aquifers (specifically
those locally subject to pollution) and shallow bedrock areas.
(4)
A map delineating additional significant physical features within
the proposed subdivision tract, such as woodland areas, large trees,
rock outcroppings, historical sites and features (such as lime kilns),
and scenic views.
B.
A contour grading plan, depicting existing and proposed grades within
conceptual lot grading for residential developments.
(1)
The Township Engineer may require individual on-lot grading
plans with conceptual lot grading for residential developments. The
Township Engineer may require a note to appear on the record plan
stating that the grading plans are required with applications for
building permits.
E.
A utility plan showing storm, sanitary sewer, waterline, gas, electric,
cable and lighting.
F.
A storm drainage plan for the proposed subdivision tract, which conforms to design requirements for storm drainage as set forth in § 22-707 of this Chapter. Profiles shall be provided for proposed streets and utilities, including sanitary sewer, storm drainage and water systems.
[Amended by Ord. No. 2021-14, 12/2/2021]
G.
Typical cross sections for proposed streets and access driveways.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
H.
In the case of subdivision or land development plans to be developed
in phases, stages or sections over a period of time, a map delineating
each phase, stage or section of the proposed subdivision or land development
consecutively numbered so as to illustrate phasing of development.
A schedule indicating the approximate time for which applications
for final approval of each phase, stage or section are intended to
be filed shall be included. A phasing note will be required in a form
approved by the Township Solicitor.
I.
Preliminary designs of any bridges or culverts which may be required.
Such designs shall meet all applicable requirements of the Pennsylvania
Department of Environmental Protection and the Pennsylvania Department
of Transportation. Permit applications and correspondence to and from
the agencies shall be copied to the Township.
J.
Certification of Water Supply Systems.
[Amended by Ord. No. 2021-14, 12/2/2021]
(1)
When water service to the proposed subdivision is to be provided
by an existing public system, the developer shall submit two copies
of a letter from the agency, authority or utility which agrees to
provide water service, subject to the execution of a service agreement.
K.
Certification of Sewage Disposal Systems.
[Amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
(1)
When sewage disposal service to the proposed subdivision is
to be provided by an existing public system, the developer shall submit
five copies of a completed Sewage Facilities Planning Module package
for Township review and adoption, and eventual submittal to PADEP
for approval.
(2)
When sewage disposal service for the proposed subdivision is
to be by individual on-lot sewage disposal systems, the applicant
shall submit two copies of the Township Sewage Enforcement Officer's
approval of the Sewage Facilities Planning Module.
L.
Where an agency, authority or utility providing sewer or water service
to the subdivision has approval authority under its own jurisdiction,
an approval letter which indicates that the plans meet the relevant
agency, authority, or utility specifications shall be submitted.
[Amended by Ord. No. 2021-14, 12/2/2021]
M.
Whenever a proposed public improvement encroaches upon an existing
utility line or easement, the applicant shall provide a letter from
the utility line or easement owner verifying that the development
is in compliance with all reasonable design criteria set by the utility
line or easement owner.
[Amended by Ord. No. 2021-14, 12/2/2021]
O.
If the subdivision/land development involves proposed improvements
located on state highway rights-of-way, the applicant shall obtain
a Highway Occupancy Permit from the Pennsylvania Department of Transportation.
[Amended by Ord. No. 2019-05, 8/1/2019]
[Ord. 01-11, 6/21/2001, § 404; as amended by Ord. No. 2019-05, 8/1/2019; and by Ord. No. 2021-14, 12/2/2021]
At applicant's risk under provisions of the Municipalities Planning
Code, an owner of a property may proceed with construction, providing
the following conditions are met.
1.
Construction requirements to proceed with construction prior to final
plan approval:
A.
Preliminary design reviewed by Township Engineer and approved by
Board of Supervisors.
B.
Construction sequence approved by Township.
C.
Escrow for construction inspection is provided.
D.
Certificate of insurance – indemnification agreement.
E.
Approved cost estimate for security.
F.
Security
in the amount equal to the public improvements shall be provided.
G.
All local, county, state, and federal approvals, including, but not
limited to, NPDES, PennDOT, LCCD, and DEP.
H.
The Township may require utility crossings and construction in public
roads to follow a schedule determined by the Township.
3.
Maintenance period will not begin until all improvements have been
inspected and accepted by the Township Engineer and a maintenance
agreement and security have been provided to the Township.
[Amended by Ord. No. 2021-14, 12/2/2021]
