[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
The purpose of the preliminary plan is to achieve formal approval
of the overall development scheme proposed in order to minimize the
need for any revisions of final plans.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1.
Preliminary Plan Submission Required.
A.
A preliminary plan for a major subdivision or land development must
be submitted by the applicant and reviewed in accordance with the
provisions of this Part.
B.
A preliminary plan submittal is not required for an application that
only involves a minor subdivision (see definition in Part 2 of "subdivision,
minor), a resubdivision or a lot consolidation (see, Part 7 for procedures
governing minor subdivisions, resubdivisions and lot consolidations).
C.
If a land development plan only involves a land development of less
than 5,000 square feet of new building floor area, then a separate
preliminary plan submittal and approval is not needed, but instead,
the applicant may submit a joint preliminary/final plan.
D.
Upon request of the applicant, the Borough Council may allow a preliminary
plan to be considered a combined preliminary/final plan if the requirements
of the final plan are met and if there are few outstanding issues.
2.
Required Submission.
A.
The applicant shall submit to the Borough staff at least 25 calendar
days prior to a regularly scheduled Planning Commission meeting:
(1)
The required application fee and escrow deposit as set forth
in the Borough Fee Schedule.
(3)
Three copies of the preliminary subdivision and/or land development
plan.
(4)
Three copies of all supporting documents (intent is for one
copy to be provided to the Engineer, one to the Solicitor and one
for the Borough files). Only two copies of stormwater calculations
are required.
(5)
Nine copies of a plan that at a minimum shows the proposed layout
of lots, streets, buildings (if known) and improvements, as well as
proposed landscaping and outdoor lighting.
(6)
The Borough may require submittal of additional copies if needed
for reviews.
(7)
The submittals shall be considered to be public documents and
copies may be made by the Borough for review purposes.
B.
Revisions to a previously submitted plan shall be submitted at least
10 calendar days prior to a meeting where the plan will be discussed.
The Borough Engineer or Administrator may waive this requirement,
such as for editorial revisions or other revisions that do not require
advanced review.
C.
All sheets for any submitted plan shall be folded or rolled so that
the title of each plan appears on the upper or lower right-hand corner
of the sheet.
3.
Initial Actions by the Borough staff.
A.
The Designated Borough staff-person and/or Borough Engineer shall
review the submission to determine whether it includes all required
information.
B.
If insufficient numbers of plans are submitted, the applicant shall
be notified and directed to submit additional copies.
C.
The Borough staff shall retain in the Borough files the application
fee receipt and one copy of the application form, preliminary plan
checklist, preliminary subdivision or land development plan and supporting
documents.
D.
The submittal shall be forwarded by the Borough staff to the Borough
Engineer. Items needing legal review should be submitted to the Planning
Commission Solicitor.
(1)
The applicant is responsible to provide any information needed
by the Sewage Enforcement Officer if on-lot septic systems are involved.
E.
The applicant is required to make a formal submission to the Lehigh
Valley Planning Commission and the County Conservation District (if
earth disturbance is involved), and to pay their required fees. A
copy of the receipt shall be sent to the Borough.
F.
The Borough staff should forward to the Planning Commission copies
of the layout plan and any other information needed for their review
of the submittal.
4.
Review by Borough Engineer and Sewage Enforcement Officer (hereinafter
referred to as "SEO").
A.
The Borough Engineer and SEO, if applicable, shall prepare their
reports and recommendations on the engineering and technical aspects
of the plan for submission to the Borough Planning Commission, with
a copy to the applicant and/or his/her representative.
B.
The Borough Engineer and the SEO may make additional reports and
recommendations to the Borough Planning Commission at any time during
the review of the plan.
5.
Planning Commission Review for Completeness. Based upon the review
of the plan by the Borough Engineer and/or the Borough staff against
the plan checklist, the Planning Commission shall have the authority
to determine whether a submission is significantly incomplete. If
the submission is determined by the Commission to be significantly
incomplete, the plan shall be considered to have not been officially
accepted by the Borough.
A.
In such case, the filing and review fees shall be returned to the
applicant, along with any escrow deposits minus the cost of Borough
legal and engineering reviews up to that point in time. If the Commission
does not make a motion on the matter, then the submittal shall be
considered to be accepted.
B.
A determination that a plan is significantly incomplete shall occur
at a meeting of the Planning Commission within 30 days after a duly
filed submittal. If a plan is not accepted, no further action is required
by the Borough and no deemed approval shall occur.
6.
Recommendation by the Planning Commission. The Planning Commission
shall review the submittal. Within the time limits established by
the MPC[2] (unless the applicant requests a written extension of
time for the Borough review process, and the Planning Commission agrees
to the extension), the Planning Commission shall:
A.
Review applicable reports received by agencies, staff and consultants.
B.
Determine whether the plan meets the requirements of this chapter
and any other applicable Borough development regulations.
C.
Review the plan with the applicant, his/her agent or representative
and recommend revisions.
D.
Make a recommendation to approve, conditionally approve or deny the
plan, within the time limits and in the manner specified in the MPC.
E.
Upon request of the applicant, the Borough Council may approve upgrading
a preliminary plan to a combined preliminary/final plan.
F.
The recommendation of the Planning Commission shall be in writing
and shall be communicated to the Borough Council.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
7.
Review and Decision by Borough Council. The Borough Council shall:
A.
Review the report from the Planning Commission and all other applicable
reports received;
B.
Determine whether the Preliminary Plan meets the requirements of
this chapter and other applicable ordinances; and
C.
Approve, conditionally approve or disapprove the Preliminary Plan
within the time limits required by the MPC.
(1)
The Borough Council shall render its decision and communicate
it in writing to the applicant personally or by mail to him at his
last known address not later than 15 days following the decision but
not later than 90 days following the date of the regular meeting of
the Planning Commission next following the date the application is
filed, within the Borough's required time period, provided that, should
the said next regular meeting occur more than 30 days following the
filing of the application, the said ninety-day period shall be measured
from the 30th day following the day the application has been filed.
D.
Approval of the preliminary plan 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.
E.
If the preliminary plan is disapproved, the decision shall specific
defects found in the plan, describe requirements which have not been
met, and cite the provisions of the statute or ordinance relied upon
in each case.
8.
Development in Stages.
A.
If requested by the applicant, the Borough Council may permit the
undertaking of the required improvements and the preparation of the
final plan to be completed in a series of sections or stages, each
covering a portion of the proposed subdivision as shown on the preliminary
plan.
B.
If the final plan is to be submitted in sections or stages, a schedule
shall be filed by the applicant with the preliminary plan delineating
all proposed sections or stages, as well as the deadlines within which
applications for final plan approval of each section or stage are
intended to be filed. Such schedule shall be updated annually by the
applicant on or before the anniversary of the preliminary plan approval
until final plan approval of the final section or stage has been granted,
and any modification in the aforesaid schedule shall be subject to
approval by the Borough Council in its discretion.
C.
The Borough Council shall approve both the boundaries and configuration
of sections or stages of a development. Each section or stage or development
proposed shall relate logically so as to provide continuity of access,
extension of utilities and availability of amenities, and be designed
that the development can properly function if later phases are not
completed.
D.
In no event shall a period of more than five years elapse between
approval of the preliminary plan and submission of the final plan
for the entire development without prior approval by the Borough Council.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
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Project Name
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Date
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Project Location
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Applicant Name
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The following list of requirements shall be photocopied and
also serve as a checklist that the applicant shall complete and submit
with the Plans. If an item is submitted, it shall be checked off.
If the applicant believes an item is not applicable, then "NA" shall
be written next to the item. If the applicant requests a waiver, then
a "W" shall be written next to the requirement.
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1.
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Plans Required.
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Submitted?
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A.
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The following information shall be required for all major subdivisions
and land developments, which may be combined on various sheets provided
that the information is clear and legible.
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(1)
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Layout Plan
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(2)
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Grading and Storm Drainage Plan
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(3)
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Utility Plan
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(4)
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Soil Erosion and Sedimentation Control Plan and Narrative*
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(5)
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Road Profiles*
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(6)
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Sanitary Sewer Profiles*
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(7)
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Water System Profiles*
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(8)
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Storm Sewer Profiles*
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(9)
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Construction Details*
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(10)
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Landscaping and Streetlighting Plan*
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*
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This information may be deferred until the final plan submittal
if the applicant provides a legally binding written commitment, acceptable
to the Planning Commission Solicitor, that they will not conduct earth
disturbance, clearance of natural features or construction of improvements
until after receiving final plan approval. In such case, place a "D"
for deferred next to those items above and throughout the corresponding
parts of is checklist.
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If information is deferred, the Borough Engineer shall still
have the authority to require the submission of sufficient information
to show the feasibility of the proposed project, such as finished
slopes, profiles and stormwater measures where a question exists regarding
feasibility.
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2.
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Drafting Standards Required for All Plans. All information shall
be legibly and accurately presented.
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A.
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Plans shall be prepared at a standard size, such as 18 inches
by 24 inches, 24 inches by 36 inches or 30 inches by 42 inches.
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B.
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Plans shall be drawn at a standard scale, such as one inch equals
20 feet; one inch equals 30 feet; one inch equals 40 feet or one inch
equals 50 feet.
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C.
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Profiles shall be drawn at a vertical scale of:
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(a)
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Two feet per inch, five feet per inch or 10 feet per inch (for
a horizontal scale of up to one inch equals 50 feet; and
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(b)
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Ten feet per inch (for a horizontal scale of one inch equals
100 feet).
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D.
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All dimensions shall be set forth in feet and decimal parts
thereof, and all bearings shall be set forth in degrees, minutes and
seconds.
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E.
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Each sheet shall be identified, numbered and shall show its
relationship to the total number of sheets. If match lines are employed,
a legend showing sheet relationship shall be provided.
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F.
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Plans shall be so prepared and shall bear an adequate legend
to indicate clearly which features are existing and which are proposed.
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G.
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The perimeter boundary line of the site shall be shown as a
bold line on the plan.
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3.
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General Information Required On All Plans.
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A.
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Titled: "Preliminary Plan."
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B.
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Sheet title (e.g., "Layout Plan").
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C.
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Name and location of subdivision or land development.
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D.
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Graphic and written scales.
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E.
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Date of plan and all subsequent revision dates including a summary
description of revision made to plan. Revisions may be described in
an accompanying letter (which may reference a review letter),
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F.
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4.
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Information Required On Layout Plans.
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A.
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General Information.
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(1)
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North arrow.
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(2)
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Site boundaries with closure of one in 10,000 or better.
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(3)
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Boundaries of all adjoining properties with names of last known
landowners of record.
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(4)
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Locations and types of all existing monuments and markers.
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(5)
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A copy of the layout plan in .pdf or successor format (requested,
not required).
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(6)
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A copy of the submittal marked "file copy" with original signatures,
and original seal of plan preparer.
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(7)
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The name, address, signature, certification and seal of the
professional land surveyor responsible for the tract perimeter survey
and property line surveying aspects of the plan.
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B.
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Location map showing a relation of the site to adjoining properties,
streets, zoning district boundaries, municipal boundaries, watercourses.
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C.
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Location of existing man-made features on the site, with approximate
locations of such features within 100 feet beyond the site.
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(1)
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Streets and rights-of-way (including name and right-of-way width)
on the site and on immediately adjacent tracts.
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(2)
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Existing lot layout on the site and on immediately adjacent
tracts.
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(3)
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Any building on the site that is regulated by the historic building
provisions of the Zoning Ordinance[3] that is proposed to be partly or entirely demolished.
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(4)
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Bridges.
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(5)
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Sanitary sewer and water lines.
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(6)
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Stormwater lines, drains and culverts.
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(7)
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Utility easements, restrictive covenants and easements for purposes
which might affect development.
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D.
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Proposed features.
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(1)
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Layout of streets with center lines, cartways and rights-of-ways
and proposed names.
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(2)
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Layout of lots with identification number.
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(3)
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Building setback lines from all lot lines.
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(4)
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For non-residential and apartment uses, the arrangement and
use of buildings and parking areas with all necessary dimensions and
numbers of parking spaces (elevations and perspective sketches of
proposed buildings are encouraged).
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(5)
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Rights-of-ways, restrictive covenants and easements for all
drainage, utilities or other purposes which might affect development.
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(6)
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Sidewalks and pedestrian paths.
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(7)
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Any open space areas or recreation areas/facilities.
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(8)
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Proposed monuments with reference to proposed improvements.
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E.
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Names and addresses of every:
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(1)
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Landowner, legal and equitable, if any.
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(2)
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Developer.
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(3)
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Applicant.
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(4)
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Adjoining property owners, including those across adjacent roads.
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F.
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Owner's statement of intent (see Appendix B).
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(1)
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The owner shall acknowledge the statement contained in Appendix
B before an officer who is authorized to take acknowledgments, with
the seal of a notary public or other qualified officer acknowledging
the owner's statement shall be impressed to the plan.
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G.
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Approval/review and recording signature blocks (see Appendix
B) for:
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(1)
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Planning Commission.
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(2)
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Borough Engineer.
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(3)
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Lehigh Valley Planning Commission.
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(4)
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Lehigh County Recorder of Deeds.
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(5)
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Borough Council.
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H.
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Project Summary List. The following information shall be listed
on the plan:
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(1)
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Total acreage of site.
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(2)
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Applicable zoning district(s).
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(3)
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Total number of lots in the proposed development.
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(4)
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Required and proposed density of dwelling units per acre, if
applicable.
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(5)
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Required lot size.
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(6)
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Proposed lot size, maximum, minimum and average.
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(7)
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Open space required.
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(8)
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Open space proposed.
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(9)
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Type of water systems.
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(10)
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Type of sanitary disposal system.
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(11)
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Lineal feet of new road.
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(12)
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The deed book volume and page number as entered by the County
Recorder of Deeds, referencing the latest source of title to the land
being subdivided or resubdivided, with copy of most recent deed(s)
submitted with the plan.
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(13)
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Tax map parcel number, block and lot.
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(14)
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Required and proposed building and parking area setbacks and
building height.
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(15)
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Required and proposed building coverage and impervious surface
coverage.
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(16)
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Required and proposed number of parking spaces and method of
computation.
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I.
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Proposed Features.
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(1)
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Dimensions and area of lots expressed both in square feet and
acres.
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(2)
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Streets.
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(a)
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Cartway and right-of-way widths.
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(b)
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Center line, with bearings, distances, horizontal curve data
and stations corresponding to the profile.
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(c)
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Right-of-way and curb lines with horizontal curve radii at intersections.
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(d)
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Beginning and end of proposed construction.
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(e)
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Tie-ins by course and distance of intersection of all public
roads, with their names and widths of cartway and right-of-way.
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5.
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Grading and Storm Drainage Plan.
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A.
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(1)
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Accurate existing and proposed contour lines at intervals of:
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(a)
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Two feet (if slope is 15% or less).
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(b)
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Five feet (if slope is over 15%).
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The source of the topographic information shall be listed.
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B.
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Natural features (if applicable, notes should appear on the
plan indicating the absence of these features):
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(1)
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Slope areas (differentiated by shadings or markings):
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(a)
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Over 15% and up to 25%.
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(b)
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Over 25%.
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(2)
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One-hundred-year floodplain, and alluvial soils along any waterway
not included in floodplain mapping.
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(3)
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Location of various soil types with U.S. Natural Resource Conservation
Service (formerly "SCS") characteristics for each.
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(4)
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Existing wooded areas and tree masses, and designation of areas
to be preserved or removed, and measures (such as temporary fencing
under the dripline of trees) that will be used to protect trees during
construction.
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(5)
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Wetlands and watercourses
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(6)
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Permanent and seasonal high and low water table areas.
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(7)
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Rock outcrops and stone fields.
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(8)
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Direction of drainage on immediate adjacent areas, any adjacent
drainage channels and/or contours on immediately adjacent land.
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(9)
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Sinkholes and closed depressions.
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(10)
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Seeps and springs.
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C.
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Street center-line data and stations corresponding to the profile.
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D.
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Storm Drainage.
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(1)
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Locations and sizes of facilities with stations corresponding
to the profile.
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(2)
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Locations of inlets and invert elevation of flow line and grade
at the top of each inlet.
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(3)
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Watershed areas for each drainage structure or swale.
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(4)
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Property lines and ownership, with details of easements where
required.
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(5)
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Beginning and end of proposed construction.
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(6)
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Locations of all other drainage facilities and public utilities
in the vicinity of storm drain lines.
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(7)
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Hydraulic design standards for culverts, bridge structures and/or
other storm facilities.
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(8)
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Sewer lines, storm drains and culverts.
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E.
|
Proposed grading, location and typical cross section of proposed
drainage swales.
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6.
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Utility Plan.
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A.
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If on-lot sanitary sewage disposal systems are being proposed:
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(1)
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Existing and proposed contour lines (as described above)
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(2)
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Location of any existing and proposed water supply wells.
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(3)
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Proposed or typical location of dwelling.
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(4)
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Proposed location of subsurface septic disposal field and alternate
field.
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(5)
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Percolation test holes and soil probe pits for proposed septic
fields.
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(6)
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Permanent and seasonal high water table areas.
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B.
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If centralized sanitary sewers are being proposed:
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(1)
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Location and size of line with stations corresponding to the
profile.
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(2)
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Location of manholes with invert elevation of flow line and
grade at the tope of each manhole.
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(3)
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Property lines and ownership, with details of easements where
required.
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(4)
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Beginning and end of proposed construction.
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(5)
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Location of laterals.
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(6)
|
Location of all other drainage facilities and public utilities
in the vicinity of sanitary sewer lines.
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C.
|
If public water service is proposed:
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_____
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(1)
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Location and size of waterline, valves and fittings.
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_____
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(2)
|
Fire hydrants.
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_____
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D.
|
If on-lot water system is being proposed, location of all wells
(existing and proposed).
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_____
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E.
|
Storm or sanitary sewer lines, storm drains and culverts.
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7.
|
Soil Erosion and Sedimentation Control Plan.
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_____
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A.
|
Shall be in accordance with DEP requirements.
| ||||
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_____
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B.
|
All stormwater runoff calculations shall be governed by the
parameters set forth in the Stormwater Management Ordinance.[4]
| ||||
|
_____
|
C.
|
Existing and proposed contour lines (as described above).
| ||||
|
_____
|
D.
|
Natural Features.
| ||||
|
_____
|
(1)
|
Areas of 15% to 25% and 25% and above slopes.
| ||||
|
_____
|
(2)
|
One-hundred-year floodplain.
| ||||
|
_____
|
(3)
|
Location of various soil types with U.S. Natural Resource Conservation
Service (formerly "SCS") characteristics for each.
| ||||
|
_____
|
(4)
|
Wooded areas and tree masses.
| ||||
|
_____
|
(5)
|
Wetlands and watercourses.
| ||||
|
_____
|
(6)
|
Permanent and seasonal high and low water table areas.
| ||||
|
_____
|
(7)
|
Rock outcrops and stone fields.
| ||||
|
_____
|
E.
|
Storm or sanitary sewer lines, storm drains and culverts.
| ||||
|
8.
|
Road Profiles.
| |||||
|
_____
|
A.
|
Profile of existing ground surface along center line of street.
| ||||
|
_____
|
B.
|
Proposed center-line grade with percent of tangents and elevations
at fifty-foot intervals.
| ||||
|
_____
|
C.
|
All vertical curve data including length, elevations and minimum
sight distance as required by Part 10.
| ||||
|
9.
|
Sanitary Sewer, Water Distribution and Storm Drain Profiles.
| |||||
|
_____
|
A.
|
Profiles of existing ground surface water elevations at top
of manholes or inlets.
| ||||
|
_____
|
B.
|
Profile of storm drain, waterline or sanitary or storm sewer
showing type and size of pipe, grade, cradle, manhole and inlet locations
and invert elevations along flow line.
| ||||
|
_____
|
C.
|
All line crossings of other utilities.
| ||||
|
_____
|
D.
|
Invert elevations along flow line at manholes, inlets and at
line crossing of other utilities.
| ||||
|
10.
|
Construction Details.
| |||||
|
_____
|
A.
|
Typical cross section and specifications for street construction as required by Part 10.
| ||||
|
_____
|
B.
|
Drainage swale cross section and construction materials.
| ||||
|
_____
|
C.
|
Pipe bedding details.
| ||||
|
_____
|
D.
|
Storm drainage structures.
| ||||
|
_____
|
E.
|
Sanitary sewer structures.
| ||||
|
_____
|
F.
|
Water system appurtenances.
| ||||
|
_____
|
G.
|
Curb and sidewalk details.
| ||||
|
11.
|
Landscaping and Streetlighting Plan.
| |||||
|
_____
|
A.
|
Parking lot plantings within the paved areas as required by
the Zoning Ordinance.[5]
| ||||
|
_____
|
B.
|
Proposed buffer yards, if required by the Zoning Ordinance.
| ||||
|
_____
|
C.
|
Sizes, types and locations of shade and street trees and any
other major proposed landscaping.
| ||||
|
_____
|
D.
|
Detention pond fencing (including height and type) and required
buffer yard landscaping as described in the Zoning Ordinance.
| ||||
|
_____
|
E.
|
Existing wooded area and tree masses and an indication of which
existing trees and plantings are to remain.
| ||||
|
_____
|
F.
|
Types, spacing and location of streetlighting poles.
| ||||
|
_____
|
G.
|
Type and intensity of the proposed lamps.
| ||||
|
12.
|
Supportive Documents and Information.
| |||||
|
_____
|
A.
|
General Information. All deed restrictions imposed as a condition
of plan approval by the Borough shall be referenced both in the deed
of conveyance and as a note on the plan. The Planning Commission or
Borough Council may require the inclusion of any specific restrictive
covenants which will carry out the purposes of this chapter.
| ||||
|
_____
|
B.
|
Certification of Public Water Supply System. If the subdivision
or land development is to be served with water by an existing water
company or authority, the developer shall submit a copy of a letter
from such water company or authority which states that the company
or authority can adequately serve the subdivision and which states
any conditions required by the company or authority for the provision
of services.
| ||||
|
_____
|
C.
|
Certification of a Centralized Sewage Disposal System.
| ||||
|
(1)
|
Public. If the subdivision or land development is to be served
by an existing sewer company or authority, the developer shall submit
a copy of a letter from the company or authority which states that
the company or authority can adequately serve the subdivision or land
development and which states any conditions required by the company
or authority for the provision of services. The developer shall also
submit a copy of the planning module application and information forwarded
to the DEP. Planning module approval will be a condition of preliminary
plan approval.
| |||||
|
(2)
|
Private. If the subdivision or land development is to be served
by a private centralized sewage disposal system, the developer shall
submit a copy of the planning module application and information forwarded
to the DEP. Planning module approval will be a condition of preliminary
plan approval.
| |||||
|
_____
|
D.
|
Certification of On-lot Sewage System. When the subdivision
or land development is to be served by an individual on-lot sewage
disposal systems, the developer shall submit a copy of the planning
module application and information forwarded to the DEP. Planning
module approval will be a condition of preliminary plan approval.
| ||||
|
_____
|
E.
|
Storm Drainage Calculations. All calculations prepared by a
qualified professional relating to facilities appearing on the grading
and storm drainage plan shall be submitted for review by the Borough
Engineer. Storm drainage calculations may be deferred until the final
plan submittal, in which case place a "D" to the left.
| ||||
|
_____
|
F.
|
Highway Occupancy Permit. If a subdivision or land development
plan will require new, redesigned or intensified access to a street
or highway under the jurisdiction of the Pennsylvania Department of
Transportation (PennDOT), and the necessary occupancy permit has not
yet been issued, then a note shall be included on the plan which states
that a highway occupancy permit is required pursuant to Section 420
of the Act of June 1, 1945, P.L. 1242, No. 428, known as the "State
Highway Law,"[6] before driveway access to a state highway is permitted.
| ||||
|
_____
|
G.
|
Traffic Impact Studies. Any subdivision or land development
meeting any of the following requirements shall submit a traffic study
report meeting the requirements of § 1018 of this chapter.
| ||||
|
(1)
|
Where a subdivision or land development is estimated to generate
200 trips per day or more (as based on the generation rates included
in the Institute of Transportation Engineers, Trip Generation Manual,
the latest edition).
| |||||
|
(2)
|
A subdivision or land development consisting of the following:
| |||||
|
(a)
|
Residential: 20 or more dwelling units.
| |||||
|
(b)
|
Commercial: 12,000 square feet or more of total floor area.
| |||||
|
(c)
|
Office: 12,000 square feet or more of total floor area.
| |||||
|
(d)
|
Industrial: 12,000 square feet or more of total floor area or
any trucking company terminal.
| |||||
|
(e)
|
Institutional: 12,000 square feet or more of total floor area.
| |||||
