This chapter shall be known and may be cited as the "Forks Township Subdivision and Land Development Ordinance."
These regulations are established to regulate and control the subdivision and development of land within the Township so as to provide sites suitable for human habitation, commercial and industrial operations and other uses for which land may be developed, thereby creating conditions favorable to the health, safety and welfare of the community, and consistent with the goals of the Comprehensive Plan of Forks Township.
From and after the effective date of this chapter:
A. 
No subdivision of land or development of any lot, tract or parcel of land shall be made, and no street, sanitary sewer, water main, gas, oil or electric transmission line or other facilities in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with this chapter adopted herein and any other federal, state or local regulations.
B. 
No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building upon land in a subdivision or land development may be issued unless and until a site plan has been approved and recorded and either the required improvements in connection therewith have been constructed or the Township has been assured, by means of a letter of credit, corporate bond or other security acceptable to the Board of Supervisors, that the improvements will subsequently be installed.
C. 
The following are subject to the regulations of this chapter:
(1) 
Any subdivision or land development which involves the division of a parcel of land into two or more parcels.
(2) 
Any land development involving the improvement of one or more lots or parcels of land.
(3) 
Any division of land for the development of separate buildings, buildings structurally joined together or separate areas within a building which will result in separate occupancy or tenancy by separate families, individuals, businesses, corporations or other entities under a lease, rental or other arrangement.
(4) 
Any division of contiguous nonconforming lots under common ownership.
(5) 
Any division of a parcel of land which involves the installation of streets and/or alleys, regardless of whether or not such streets will be offered for dedication to the Township.
(6) 
Any division of a parcel of land in which certain parcels might not be divided immediately for purposes of transfer, sale, lease or any other form of conveyance.
(7) 
Any realignment of two or more parcels involving a resubdivision or replotting of an existing approved plan even though such plan was recorded prior to the enactment of this chapter.
(8) 
Any subdivision or land development which was approved more than five years before the effective date of this chapter. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of preliminary approval.
A. 
Agriculture. The division by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new dwelling, street, easement, sewage system or connection, shall be exempt from review. However, caution should be exercised in utilizing this process if in the future any such parcel of land would be developed.
B. 
Approved subdivisions. When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in Chapter 200, Zoning, this chapter or other governing ordinance or plan shall be applied to affect adversely the approved development in accordance with the terms of such approval within five years from such approval. If final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval, as more fully set forth in the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Standards. The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. When provisions, standards and specifications of this chapter impose greater restrictions than those of any state statute or other ordinance or regulation, this chapter shall be controlling unless specified to the contrary.
B. 
Illustrations. The illustrations in this chapter are not a part of the chapter, but are included for purposes of explanation and clarification.
A. 
The Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter or its accompanying regulations if the literal enforcement would exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter are observed.
B. 
All requests for a modification shall be in writing and shall accompany and be part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provisions of this chapter involved, and the minimum modification necessary. The Planning Commission shall review the applicant's request and submit a written report and recommendation to the Board of Supervisors.
C. 
The Board of Supervisors shall keep a written record of all action on all requests for modifications. A written summary of any granted exceptions shall become part of the record plan.
The Board of Supervisors has established by resolution a schedule of fees and required deposits and a collection procedure for all applications and other matters pertaining to this chapter. The applicant is also required to submit any required fee to the Lehigh Valley Planning Commission and Soil Conservation Service to cover the entire review process as outlined in any county fee schedule. Plans shall not be considered filed until all fees are paid and the applications are properly signed. Engineering fees and legal fees incurred by the Township in the review of plans, inspection of site development and the review and preparation of subdivision agreements and documents shall be billed to the applicant and deducted from the funds that the applicant has on deposit with the Township. The Board of Supervisors has established by resolution a schedule of deposits for Township engineering and Township legal fees. Remaining deposits will be returned to the applicant at the termination of the Township's involvement in the development.
A. 
The construction or installation of all improvements shall at all times be subject to inspection by the Township Engineer or his designate. If such inspection reveals that work is not in accordance with approved plans and specifications, that construction is not being done in a workmanlike manner or that erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the Township is empowered to require corrections to be made and/or the suspension of subdivision approval and to issue a cease-and-desist order which may include any or all of the following sanctions:
(1) 
No lot in the subdivision shall be conveyed or placed under agreement of sale;
(2) 
All construction on any lots for which a building permit has been issued shall cease; and/or
(3) 
No further building permits for any lots shall be issued.
B. 
Said cease-and-desist order shall be terminated upon determination by the Township that said defects or deviations from plan requirements have been corrected.
C. 
No underground pipes, structures, subgrades or base course shall be covered until inspected and approved by the Township Engineer. A minimum of seven inspections by the Township Engineer or his designated representative shall be required. These inspections shall be effected in accordance with Subsection A above and shall occur at the following intervals or at intervals determined by the Township Engineer as unknown existing subsurface conditions are uncovered:
(1) 
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements or establishing covers. Where unsuitable conditions not previously known are uncovered which may affect the integrity of the facility, a remedial plan must be prepared prior to any further work.
(2) 
Upon excavation and completion of the subgrade.
(3) 
Upon excavation, installation and completion of drainage structures, community sewage systems or water supply systems.
(4) 
Before placing stone base course or before initial layer of screenings.
(5) 
Before binder or base course.
(6) 
Before wearing course.
(7) 
Upon final inspection.
D. 
The developer shall notify the Township Engineer, by direct contact, at least 48 hours in advance of any construction operations requiring an inspection.
A. 
In addition to other remedies, the Township may institute and maintain appropriate actions by law or in equity to restrain, correct or abate violations, to prevent unlawful construction, to recover damages and to prevent illegal occupancy of a building, structure or premises.
B. 
Issuance.
(1) 
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of any ordinance adopted pursuant to Article V of the Municipalities Planning Code.[1] This authority to deny such permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time that such vendee or lessee had actual or constructive knowledge of the violation.
(c) 
The current owner of record who acquired the property subsequent to the time of violation without regard as to whether such current owner had actual or constructive knowledge of the violation.
(d) 
The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
(2) 
As an additional condition for issuance of a permit where the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.
C. 
District Justices shall have initial jurisdiction over proceedings brought under this section. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, shall pay a judgment of not less than $200 and not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township.
D. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
E. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
A. 
Planning commission. The Planning Commission shall keep a record of the findings, decisions and recommendations relative to all subdivision and land development plans recommended for action to the Township Board of Supervisors. Such records shall be open to the public for review.
B. 
Board of Supervisors. The Board of Supervisors shall also keep a record of the findings, decisions and recommendations relative to all subdivision and land development plans filed for action by the Board of Supervisors.
A. 
Revised plans.
(1) 
Until a submission is approved or rejected by the Board of Supervisors, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. No submission fee shall be charged for the first revision, but a submission fee shall be required for a second or subsequent revision.
(2) 
If, before a submission is approved or rejected by the Board of Supervisors, the applicant submits a new plan for the subdivision or development of lands proposed for subdivision or development in the earlier submission, and does not withdraw the earlier submission, the new plan shall be considered an alternate plan, for which a new submission fee shall be required.
B. 
Resubdivisions and lot line adjustments. A revision or resubdivision of a recorded plan of an approved final plan or a lot line adjustment of an existing lot shall be considered as a new subdivision and shall come under the jurisdiction of this chapter, unless modifications or exceptions are allowed pursuant to § 175-6 hereof.
The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors. The following requirements shall be observed prior to making any amendments to this chapter:
A. 
A public hearing on the proposed amendment shall be observed prior to making any amendments to this chapter.
B. 
In the case of a proposed amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each amendment to the Township Planning Commission and the Lehigh Valley Planning Commission for recommendations at least 30 days prior to the date set for the public hearing on such proposed amendment.
Decisions of the Board of Supervisors may be appealed in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.