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.
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.
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.