[1]
Editor's Note: Diagrams illustrating the processes for major and minor subdivision/land development are included at the end of this article.
A. 
Municipalities Planning Code. The review and approval procedures of this chapter are intended to comply with the provisions of the Pennsylvania Municipalities Planning Code (MPC).[1] If any provision of this chapter is in conflict with any provision of the MPC or if this chapter fails to incorporate a provision required for implementation of the MPC, provisions of the MPC govern.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Required approval. Whenever any development or subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed development is granted, the owner, or the owner's authorized agent, must apply for and secure approval of such proposed development in accordance with the provisions of this chapter.
C. 
Plans.
(1) 
Plans required under this chapter must be prepared by a registered professional engineer, registered surveyor or architect except for final utility plans, which must be prepared by a registered professional engineer, unless this requirement is waived by the City Engineer for minor extensions.
(2) 
Surveys must be certified by a person duly authorized to do so by the Commonwealth of Pennsylvania.
(3) 
Plans must be prepared by professionals in digital format and in accordance with the following survey datums. The horizontal control must be prepared based upon the NAD83 Horizontal State Plane Coordinates System. The vertical control must be based upon the NAVD 1988 Vertical Control Datum. Control points may be provided by the City upon request from the developer.
D. 
Preapplication meetings. Before submitting a plan for a land development, the applicant is strongly encouraged to schedule a preapplication meeting with the Planning Director, the City Engineer, and all other interested parties to discuss the procedure for approval and the subdivision and land development ordinance design and improvement requirements.
E. 
Electronic plan submittal. Unless otherwise expressly approved by the Planning Director, all plans for review under this chapter must be submitted through the City's electronic plan review portal.
F. 
Complete applications.
(1) 
Form of application. Applications and plans required under this chapter must be submitted in a form and in such numbers as required by the official responsible for accepting the application.
(2) 
Fees and notification costs. All applications filed by property owners must be accompanied by the required application fee and public notice fees.
(3) 
Completeness, accuracy and sufficiency.
(a) 
An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information, and is accompanied by required application filing and public notice fees.
(b) 
Officials responsible for accepting applications must make a determination of application completeness within 10 business days of the date than an application is filed.
(c) 
If an application is determined to be incomplete, the official responsible for accepting the application must provide notice to the applicant along with an explanation of the application's deficiencies. Notice of an incomplete application may be provided by personal service, electronic mail, or first-class mail.
(d) 
No further processing of incomplete applications will occur, and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within 90 days, the application will be deemed to have been withdrawn.
(e) 
Applications deemed complete will be placed in the first available application processing cycle and will be reviewed by staff and other review and decision-making bodies, in accordance with the applicable review and approval procedures of this chapter.
(f) 
The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the official determines that:
[1] 
The application or plan contains one or more significant inaccuracies or omissions that will hinder timely or competent evaluation of the plan's/application's compliance with ordinance requirements or other regulations; or
[2] 
The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's or application's compliance with ordinance requirements or other regulations.
A. 
Applicability and procedure. Sketch plans are encouraged but not required for all subdivisions and land developments. Sketch plans are reviewed by the Planning Director and City Engineer and may be referred to the Planning Commission for review. Applicants submitting sketch plans for major land developments or major subdivisions must submit one set of required submittal documents (see § 350-29) to the Lehigh Valley Planning Commission.
B. 
Sketch plan requirements. All sketch plan applications must:
(1) 
Be made on forms available at the Office of the Planning Director together with the required application fee, as established in Chapter 270 of the Municipal Code.
(2) 
Include all contiguous lands under the same ownership, with an indication of the portion that is to be developed or subdivided, accompanied by a deed indicating ownership.
(3) 
Be accompanied by a sketch plan in such format and numbers as established administratively.
(4) 
See also the sketch plan submittal requirements of § 350-32.
C. 
Effect of sketch plan review. Voluntary submission of a sketch plan does not constitute a formal filing for land development/subdivision approval. Sketch plans and comments provided during the sketch plan review process are not binding on the applicant or the City.
A. 
Applicability. A preliminary plan is mandatory for all major land developments and all major subdivisions. Developers of minor subdivisions and minor and developments may proceed directly to final plan stage of the approval process, with no preliminary plan approval required. However, all plan details required for preliminary plans are still required.
B. 
Concurrent processing of preliminary and final plans. At the election of the applicant, an application for a combined preliminary/final plan approval may be made. In such an instance, the application will be reviewed pursuant to both the preliminary and final plan requirements contained in this chapter.
C. 
Application procedure and requirements. Following review of a sketch plan, if submitted, the applicant must file an application for approval of a preliminary plan in such format and numbers as established administratively. The application must:
(1) 
Be made on forms available at the Office of the Planning Director together with the required application fee, as established in Chapter 270 of the Municipal Code.
(2) 
Include copies of the current recorded deed of record pertaining to any existing easements. Include copies of the deed of the subject property and adjoining properties.
(3) 
Be presented to the Planning Director at least 30 calendar days before the date of the Planning Commission meeting at which the preliminary plan is to be considered.
(4) 
See also the preliminary plan submittal requirements of § 350-33.
D. 
Official submission. Preliminary plans must be submitted to the Lehigh Valley Planning Commission before submittal to the Planning Director. The submittal of an application for preliminary plan approval to the Planning Director, when dated and signed by the owner and the Planning Director constitutes official submission of the preliminary plan to the City.
E. 
Review. Preliminary plans, or appropriate portions thereof, must be forwarded to appropriate officials or agencies of the local government, adjoining counties or municipalities, school or special districts, transportation authority (LANTA) and other official bodies as deemed necessary by the Planning Director or as mandated by law, including any review required by regional, state, or federal bodies under applicable state or federal law. All officials and agencies, to whom a request for a review has been made, must submit their report to the Planning Bureau within 20 days after receipt of the request, except the County Planning Agency which must submit their report within 30 days.
F. 
Public meeting. The Planning Commission must hold a public meeting on the preliminary plan.
G. 
Decision time-frame. The Planning Commission must render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission after the date the preliminary plan application is filed. Should the next regular meeting occur more than 30 days following the filing of the application, the ninety-day period is measured from the 30th day following the day that a complete application was filed.
H. 
Notification. The Planning Commission's decision, including any conditions of approval, must be relayed to the developer within 15 days after the date of the regular meeting of the Planning Commission at which public testimony is closed.
I. 
Effective period of preliminary plan approval.
(1) 
An approved preliminary plan is effective for a period of six months following the date that the Planning Commission's decision is provided to the applicant, at the end of which time application for final plan approval must have been submitted. Such applications must be made within six months after approval of the preliminary plan.
(2) 
Otherwise, unless an extension of time (not exceeding an additional six months) is applied for and granted in writing by the Planning Commission, the preliminary plan approval becomes null and void.
J. 
Effects of changes in governing regulations. When an application for approval of a preliminary or final plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance, or plan may be applied that would adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years of the date of such approval. When final approval is preceded by preliminary approval, the five-year period is counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms must be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed. However, if an application is properly and finally denied, any subsequent application is subject to all intervening changes in governing regulations.
K. 
Reference to and conformance with related ordinances and standards. In addition to required conformance with regulations promulgated in existing ordinances, the developer must take cognizance of, and comply with, the following related ordinances, standards, and land development regulations by various governing agencies and must obtain applicable approvals and permits for each before submitting the final plans for the City's authorized representatives' signature and acceptance of the plan for recording:
(1) 
Chapter 355, Land Development Controls.
(2) 
Chapter 545, Streets and Sidewalks.
(3) 
Chapter 597, Trees, Article I, Shade Trees.
(4) 
Chapter 298, Flood Control.
(5) 
Chapter 538, Stormwater Management.
(6) 
Americans with Disabilities Act ADA access standards for curb, sidewalk, handicap ramps, parking areas, signage, and building access.
(7) 
All federal, state, county laws and regulations governing land development and earth disturbance including but not limited to the USACOE, PA-DEP, PENNDOT, LCCD permits as administered by each governmental agency.
(8) 
Standards, specifications, and details of the Engineering Department.
(9) 
Lehigh County Authority regulations and standards.
L. 
Conditional approvals. If the Planning Commission approves a preliminary plan, conditioned upon the performance of any act or the obtaining of any other approval or permit by the applicant, the applicant shall be given the opportunity to accept or reject the conditions within 15 days of the date that notification of the Planning Commission's action was provided to the applicant. See also § 350-39H. If the applicant fails to provide written acceptance of the conditional plan approval or if the applicant rejects any attached conditions, the plan approval shall be rescinded automatically without further action of the Planning Commission and the preliminary plan application shall be deemed denied.
A. 
Application procedure and requirements. Upon completion of modifications required by any outstanding requirements of the Planning Commission or applicable City staff, the developer may apply for approval of the final plan. The application must be filed in duplicate and must:
(1) 
Be made on forms available at the Office of the Planning Director together with the required application fee, as established in Chapter 270 of the Municipal Code.
(2) 
Include the entire development, or section thereof, which derives access from an existing state, county and/or City highway.
(3) 
Comply in all respects with the preliminary plan as approved.
(4) 
Be accompanied by all formal, irrevocable offers of dedication to the public of all streets, utilities, parks, and easements on the land development agreement approved by the City Solicitor; and the final plan must be marked with a notation indicating dedications.
(5) 
See also the final plan submittal requirements of § 350-34.
B. 
Submission of plans. All plans for final subdivisions and land developments must be complete with supporting documentation and must be submitted at least 30 calendar days before the Planning Commission meeting at which such plan are to be considered.
C. 
Concurrent processing of preliminary and final plans. At the election of the applicant, an application for a combined preliminary/final plan approval may be made. In such an instance, the application will be reviewed pursuant to both the preliminary and final plan requirements contained in this chapter.
D. 
Review. When a final plan has been accepted as complete by the Planning Bureau, the Planning Director must cause its inclusion on the agenda of the Planning Commission and its distribution for review by the City Engineer and other relevant individuals and agencies.
E. 
Planning Commission action.
(1) 
After completion of the review procedures required by this chapter, the Planning Commission must approve, conditionally approve, or deny approval of the final plan within 90 days following official submission of the final plan at its regular meeting. The Planning Commission must render its decision and communicate it to the applicant no later than 90 days following the date of the regular meeting of the Planning Commission following the date the final plan application is filed. Should the next regular meeting occur more than 30 days following the filing of the application, the ninety-day period is measured from the 30th day following the day that a complete application was filed.
(2) 
The decision of the Planning Commission shall be relayed to the developer within 15 days after the decision is rendered.
(3) 
Conditioned final approval is subject to the requirements of § 350-39L.
F. 
Appeals. Appeals of the Planning Commission's decision on a final plan must be taken to the Court of Common Pleas, in accordance with the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G. 
Developer's obligations. Upon final approval of the land development by the Planning Commission, the developer/owner must submit final cost estimates prepared by a professional engineer for review and approval by the City indicating those improvements shown on the final land development plan and to be installed by the developer. The cost estimates must include but are not limited to the following:
(1) 
Monuments and markers. Monuments and markers must be placed by a registered professional pursuant to § 350-6B so that scored or marked point must coincide exactly with the intersection of lines to be marked and must be set so that the top of the monument or marker is level with the finished grade of the surrounding ground.
(2) 
Streets. Streets and alleys must be graded, surfaced and improved to the dimensions required by the cross-sections and the work must be performed in the manner prescribed in the standard specifications for road construction of the City Bureau of Engineering.
(3) 
Curbs. Curbs must be installed along both sides of the street. Curb size and material must comply with the specifications of the City Bureau of Engineering. The City Engineer may waive the requirement of curbs for public or private alleys pursuant to the provisions of Chapter 545, Streets and Sidewalks, or by approval of the Curb Appeals Committee pursuant to § 545-16 of Chapter 545.
(4) 
Sidewalks.
(a) 
Sidewalks with a minimum width of five feet must be installed on both sides of all streets except that when previously agreed upon, sidewalks must be installed on only one side of marginal access streets, and no sidewalk is required along service streets.
(b) 
Wherever sidewalks are required, curbs are also required. The Planning Commission may waive sidewalk requirements and the City Engineer may waive the requirements of sidewalks for public or private alleys pursuant to the provisions of Chapter 545, Streets and Sidewalks.
(5) 
Water. The developer must provide the land development with a complete water main supply system which must be connected to the City water supply. The plans for the installation of a water main system must be prepared by the subdivider in cooperation with the City Bureau of Engineering.
(6) 
Fire hydrants. Whenever a City or private water supply system is provided, fire hydrants must be installed in accordance with applicable City standards.
(7) 
Sanitary sewers. The developer must provide the land development with a complete sanitary sewer system to be connected to the City sanitary sewer system as specified by the City Engineer. Sanitary lines greater than four inches in diameter and manholes on private property must be included as part of the cost estimate for land development. The plans for the installation of a sanitary sewer system must be prepared by the developer and approved by the City Engineer as well as the Pennsylvania State Department of Environmental Protection.
(8) 
Storm sewers. The developer must provide the land development with an adequate stormwater sewer system which may require detention and best management practices (BMPs) and must be connected to an outlet approved by the City Engineer. All stormwater facilities, including those on private property, must be included in the cost estimate for land development.
(9) 
Landscaping and shade trees. A landscape plan must be prepared in accordance with the standards and specifications of § 350-14, Chapter 660, Zoning, and Chapter 597, Trees, Article I, Shade Trees.
(10) 
Traffic signs. Street name signs must be approved by the Traffic Control Superintendent.
(11) 
Contingency fee. A contingency fee of 10% of the total cost of all improvements must be included in the cost estimates.
(12) 
Inspection. The cost of all City inspections must be calculated at 5% of the actual cost to the developer of the improvements required by the City and must be paid directly to the City.
(13) 
Street lights. In cooperation with the Pennsylvania Power and Light Company and the City, a street lighting plan must be prepared for the developer before final plan approval. Operating costs for a three-year period must be deposited by the developer with the City.
(14) 
As-built plans. The developer is required to furnish as-built plans to the City. In order to assure the City that such plans are submitted, the cost of security of the as-built plan and profile surveys must be calculated as 2% of the actual cost to the developer of improvements required by the City and must be held as security until the as-built plans have been submitted in a format acceptable to the City Surveyor. See also the as-built plan submittal requirements of § 350-36.
H. 
Security. Upon approval of the cost estimates by the City, the developer must furnish security in an amount equal to the approved cost estimate and in a form satisfactory to the City Solicitor.
I. 
Land development agreement. A land development agreement must be prepared and executed by the developer and the City. The land development agreement must include but not be limited to the following:
(1) 
Final plan;
(2) 
Development improvements plan (color coded with legend);
(3) 
Approved cost estimates, which must include 10% construction cost contingency, 5% inspection fee and 2% AUTOCAD as-built fee;
(4) 
Accepted security and prorated maintenance fees to cover maintenance of BMP's and detention facilities, where applicable;
(5) 
Landscape plan; and
(6) 
Erosion, sedimentation and control plan in accordance with Chapter 355, Land Development Controls.
J. 
Signing and recording.
(1) 
The approval of a final plan by the Planning Commission is conditioned upon the developer entering into a land subdivision agreement and providing security as set forth above. Upon completion of said conditions by the developer, the appropriate certifications and signatures must be affixed.
(2) 
A recorded plan from the endorsed original ink tracing of the land development must be filed with the Lehigh County Recorder of Deeds Office, for all land developments involving the subdivision of land, and such other land development as may be required by the Planning Director.
(3) 
A reproducible mylar (or equivalent material) drawn to scale approved by the City Engineer of a size approved by the Recorder of Deeds Office and the final plan, containing deed, book, volume and page numbers or docket ID number and signature of the County Recorder of Deeds must be returned to the Planning Director.
(4) 
The approved final plan must be made part of the land development agreement. No building permit may be issued until the land development agreement has been approved and signed by the developer and appropriate City officials.
(5) 
Failure to record the final plan and return copies to the Planning Director as specified above within 90 days after plan approval with all appropriate signatures affixed will cause the action of the Planning Commission to become null and void.
(6) 
If, following the signing of the land development agreement, either the developer or owner changes, or if part of the property changes hands, the conditions of the original signed agreement remain in force and still govern. If, however, the new developer or owner wishes to change the plans, they must reapply to the Planning Commission for approval within 60 days of the transfer.
K. 
Sectionalizing plans. Before granting final approval of a land development plan, the Planning Commission may permit the plan to be divided into two or more sections and may impose such conditions as it may deem necessary to assure the orderly development of the approved plan. In the event of approval of sectionalizing, each section must be recorded with the Lehigh County Recorder of Deeds in accordance with § 350-40J. The development of each section of the plan requires a separate land development agreement and necessary security to be approved by the City.
L. 
Amendments to approved final plans.
(1) 
Minor administrative changes.
(a) 
The Planning Director and City Engineer are authorized to approve technical and minor changes to approved final plans without the payment of fees or restarting the approval process if the Planning Director and City Engineer determine that the proposed change:
[1] 
Is in substantial compliance with the approved final plan; and
[2] 
Is not classified as a major Planning Commission change in accordance with § 350-40L(2).
(b) 
The Planning Director and City Engineer are also authorized to defer action on a proposed minor change and instead refer the requested change to the Planning Commission for consideration as a major Planning Commission change in accordance with § 350-40L(2).
(2) 
Major Planning Commission changes. The Planning Commission is authorized to approve proposed changes to approved final plans without the payment of fees or restarting the approval process if they determine that the proposed change:
(a) 
Is in substantial compliance with the approved final plan; and
(b) 
Would not result in any of the following:
[1] 
An increase the number of lots or dwelling units on the site by more than 33%;
[2] 
A decrease in the number of dwelling units on the site by more than 15%;
[3] 
An increase in the amount (floor area) of nonresidential development that affects the overall character of the project;
[4] 
An increase in building heights by more than 33% within an MX-D or GX-D Zone or more than two stories in any other zone;
[5] 
A decrease in building height by more than 33% (as measured in stories);
[6] 
A decrease in the amount of approved open space by more than 15%;
[7] 
A material alteration of drainage, streets, or other engineering design;
[8] 
An adverse impact on stormwater quality or an increase in stormwater quantity (volume);
[9] 
A significant increase in demand for services (e.g., utilities, drainage, schools, traffic control, streets, etc.) that would interfere with the ability to maintain existing service levels; or
[10] 
Significant adverse impacts on the surrounding properties or the City at large.
M. 
Expiration of final approval.
(1) 
All approved final plans must be completed, including the provision of financial security for improvements and the filing and recording of the final approved plan, within five years of the Planning Commission's approval date.
(2) 
The Planning Director is authorized to approve one or more extensions of the five-year time-frame provided that the total cumulative period of extension does not exceed 90 days.
(3) 
The Planning Commission is authorized to approve one or more extensions of the five-year time-frame provided that the total cumulative period of extension does not exceed two years.
(4) 
All requests for extensions must be submitted in writing before expiration of final plan approval and include substantial evidence demonstrating compliance with one or more of the following criteria:
(a) 
The applicant's reasonable efforts to record the land development and actions taken to secure other approvals required from other permitting authorities to allow for recording of the land development plan;
(b) 
Identification of substantial expenditures made or substantial obligations incurred in reliance on the approval or conditional approval and in furtherance of the proposed development; or
(c) 
A force majeure, act of God or extreme economic market conditions (rather than acts of omission by the applicant or owner) caused the need for a time extension.
(5) 
Approved extensions may be subject to reasonable conditions.
A. 
General.
(1) 
No plat may receive final approval unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other required improvements have been installed in accordance with this chapter.
(2) 
In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees required under this chapter, the developer or subdivider must deposit with the City a financial security in an amount sufficient to cover the costs of such improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings which may be required.
B. 
Financial security.
(1) 
Without limiting other types of financial security that the City may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions are deemed to be acceptable financial security. If multiple sources of security are used, the improvements covered by each security must be defined in the cost estimates.
(2) 
Subject to the exception for other types of financial security identified in Subsection B(1) above, financial security must be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
(3) 
The security must provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
(4) 
The amount of financial security to be posted for the completion of the required improvements must be equal to at least 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the City may adjust the amount of the financial security comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the City may require the developer to post additional security in order to assure that the financial security equals at least 110%. Any additional security must be posted by the developer in accordance with this subsection.
(5) 
The amount of financial security required must be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in the commonwealth and certified by the engineer to be a fair and reasonable estimate of such cost. The City Engineer may refuse to accept such estimate for good cause shown. If the applicant or developer and the City are unable to agree upon an estimate, then the estimate must be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the City and the applicant or developer. The estimate certified by the third engineer will be presumed fair and reasonable and constitute the final estimate. If a third engineer is so chosen, fees for the services of the third engineer must be paid equally by the City and the applicant or developer.
(6) 
If the applicant posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.
(7) 
If development is projected over a period of years, the Planning Commission may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(8) 
As the work of installing the required improvements proceeds, the applicant posting the financial security may request the release, from time to time, of portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests must be in writing addressed to the City Engineer. The City Engineer has 45 days from the receipt of such request within which to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the City Engineer must authorize release by the bonding company or lending institution of an amount as estimated to fairly represent the value of the improvements completed. The development agreement may, before final release at the time of completion and certification by the City Engineer, specify the retention of 10% of the estimated cost of the improvements.
(9) 
When the City Engineer accepts dedication of all or some of the required improvements following completion, the developer is required to post a financial guarantee to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. The financial security must be of the same type as otherwise required in this section with regard to installation of improvements, and the amount of the financial security must be at least 10% of the actual cost of installation of said improvements.
A. 
Developer request. When the developer has completed all of the necessary and appropriate improvements, the developer must notify the City Engineer, in writing, by certified or registered mail, of the completion of the improvements.
B. 
City Engineer's action.
(1) 
Upon receipt of the developer's request for release, the City Engineer must file a report, in writing, with the Planning Commission, and must promptly mail a copy of the same to the developer by certified mail. The report must be made and mailed within 30 days after receipt of the developer's request. The report must be detailed and must indicate approval or rejection of the improvements, either in whole or in part, and if the improvements, or any portion thereof, are not approved or are rejected by the City Engineer, the report must contain a statement of reasons for such non-approval or rejection.
(2) 
The City Engineer must provide a written determination to the developer within 45 days of receipt of the developer's request.
(3) 
If any portion of the said improvements is not approved or is rejected by the City Engineer, the developer must proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, must be followed.
(4) 
Nothing herein, however, is intended to limit the developer's right to contest or question by legal proceedings or otherwise, any determination of the City Engineer.
If any required improvements have not been installed as provided in this chapter or in accordance with the approved final plat, the City is authorized to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security, are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by the security, the City may, at its option install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, must be used solely for the installation of the improvements covered by such security, and not for any other municipal purpose.
A. 
Application procedure. A minor subdivision or minor land development (as defined in Article 6) may be submitted as a final plan and must comply with the requirements of this chapter, including all application and final plan details for the subject minor land development or minor subdivision and any necessary supporting documentation, and procedures for signing and recording, provided that minor land development plans are not required to be recorded unless so directed by the Planning Director. Each submission must be accompanied by a development plan in such format and numbers as established administratively. See also the minor subdivision plan submittal requirements of § 350-35 and the preliminary and final plan submittal requirements of §§ 350-33 and 350-34 (for minor land developments). One set of minor subdivision plan or minor land development plan submittal documents must be submitted to the Lehigh Valley Planning Commission before submittal to the Planning Director. Any review comments must be provided to the Planning Director within 30 days of receipt by the LVPC.
B. 
Planning Director action.
(1) 
The Planning Director is authorized to take final action to approve, approve with conditions, or deny approval of minor subdivision and minor land development plans. The Planning Director must render a decision and communicate it to the applicant no later than 90 days following receipt of a complete application. If the applicant chooses to resubmit a revised plan for consideration within 30 days of the Planning Director's decision, no re-application fee is required. Such resubmittal is not deemed to restart the plan approval process.
(2) 
Minor subdivision plan and minor land development plan applications do not require action by the Planning Commission unless so requested by the applicant, City staff or another review agency.
(3) 
If approved by the City Engineer, minor subdivisions that do not require minor land development approval may include a note on the plans indicating that required curbs, sidewalks, and street trees will be financially secured and installed at the time of the building permit for the principal structure.
C. 
Lot combinations.
(1) 
When the intent of the applicant is to combine two or more lots into one lot and when no new lot lines or easements or change to existing easements are proposed, the applicant may, in lieu of a minor subdivision plan, submit proposed lot changes, to the Planning Office for City review and approval.
(2) 
The applicant must record the deed within 90 days of written approval by the City. Failure to record the deed as specified above will cause the action of the Planning Director to become null and void.
(3) 
Upon review of the proposed deed, the Planning Director, or other review agency, may require the applicant to submit a plan and comply with the procedure for minor subdivision review.
(4) 
The fee is the same as is charged for a minor subdivision.
D. 
Future subdivision potential. When lots are intended for or adaptable to further subdivision, or when a series of minor subdivisions are developed or proposed immediately adjacent to one another, the Planning Director, or other review agency, may require the developer to comply with major subdivision review procedures.
E. 
Appeals. Appeals of the Planning Director's decision on a minor subdivision or minor land development must be taken to the Planning Commission where the minor subdivision or minor land development plan is to be considered as a new application for final plan approval.
[1]
Editor's Note: A diagram illustrating the process for minor subdivision/land development is included at the end of this article.
A. 
Authority.
(1) 
Except as stated in Subsection A(2), below, waivers or modifications associated with subdivisions and land developments require Planning Commission review and approval. The Planning Commission is also authorized to approve variances and exceptions to Chapter 355, Land Development Controls, if a Board of Appeals has not been established pursuant to § 355-23 of the City Code.
(2) 
The City Engineer is expressly authorized to approve waivers and modifications of the requirements of this chapter and Chapter 355, Land Development Controls, for minor subdivisions and minor land developments. The City Engineer is also authorized to refer such waiver and modification requests to the Planning Commission for review and action.
B. 
Process and criteria for approval. When, owing to special conditions pertaining to the land in question, a literal enforcement of any of the requirements of this chapter would be unreasonable, would cause undue hardship or when the applicant demonstrates that an alternative compliance measure will provide equal or better results, the authorized decision-making body may make such reasonable exception to such requirement as will not be contrary to the public interest and that the purpose and intent of this chapter is observed. All requests for waivers of modifications must be provided in writing and be part of the application for subdivision or land development approval. In the request for a waiver or modification, the applicant must:
(1) 
State the grounds and facts of unreasonableness or hardship on which the request is based or demonstrate that an alternative standard can provide equal or better results;
(2) 
List the provisions of the chapter involved; and
(3) 
Specify the minimum waiver or modification necessary.
C. 
Conditions. In granting waivers and modifications of the requirements of this chapter or Chapter 355, Land Development Controls, the authorized decision-making body may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements as waived or modified.
For the purposes of providing for the public health, safety, and general welfare, City Council may, from time to time, amend the provisions imposed by these subdivision and land development regulations in accordance with the procedures established by the Municipalities Planning Code.[1] Public hearings on all proposed amendments must be held by City Council.
Major Subdivision/Land Development Process
Minor Subdivision/Land Development Process
[1]
Editor's Note: See 53 P.S. § 10101 et seq.