[Ord. 5/8/1997A, § 501]
A preliminary plan is intended to establish the overall development
scheme to minimize the need for revisions of final plans.
[Ord. 5/8/1997A, § 502]
1.
Preliminary Plan Submission Required.
A.
A preliminary plan submission for a major subdivision or land development
(other than a land development of only one principal nonresidential
use and/or a maximum of five new dwelling units) meeting all of the
requirements of this chapter shall be filed by the applicant and reviewed
in accordance with the provisions of this chapter.
2.
Required Submission.
B.
The staff shall forward plans to the following agencies to seek their
comments prior to preliminary plan approval:
(1)
Township Authority or Sewage Enforcement Officer (if applicable).
(2)
Township Fire Chief (layout and utility plan if deemed appropriate
by the Planning Commission or Township staff).
(3)
The appropriate Township staff (including one complete "file"
copy of all materials submitted by the applicant).
(4)
Township Engineer, with the plans provided prior to the next
regularly scheduled Planning Commission meeting.
(5)
Any Township park and recreation commission that may be established
(layout, natural features and gradings plan only; if common open space
is proposed or if deemed appropriate by the Planning Commission or
Township staff).
(6)
The Lehigh Valley Planning Commission (unless the Township staff
direct the applicant to deliver the plans to the LVPC).
(7)
The Township Planning Commission (including seven copies of
the application form, at least one copy of the preliminary plan checklist,
several copies of the preliminary plan and at least one copy of the
supporting documents), with such information provided prior to or
at the first regularly scheduled Planning Commission meeting after
a proper submission.
C.
Applicant's Distribution. The applicant is fully responsible for
the following:
(1)
Contacting the appropriate utility companies, as appropriate,
including the water supplier.
(2)
Encouraged to seek at least an informal review by PennDOT of
any proposed access onto a state road, and providing PennDOT with
sufficient information for such a review.
(3)
Determining whether any permits or approvals are needed from
any agency outside of the Township, including DEP (including any obstruction
to a waterway) and the Army Corps of Engineers (including determining
whether any "wetland" will be disturbed).
(4)
Providing a copy of the sedimentation and erosion control plans
to the County Conservation District, together with their required
review fees if any earth disturbance is proposed, unless the applicant
states in writing that earth disturbance will not occur until approval
of the final plan (in which case the plan may be submitted at final
plan stage).
(5)
Adjacent Municipalities. If any portion of a major subdivision
or land development: (a) is proposed within 200 feet of the boundary
of another municipality; or (b) would clearly have a regional impact
upon another municipality as determined by the Planning Commission,
then the applicant shall provide a copy of the layout plan to that
municipality for an advisory review.
D.
Each preliminary plan and supporting documents:
(2)
Should seek to incorporate any revisions recommended by the
Planning Commission, the Township Engineer and other appropriate Township
officials during the sketch plan review.
(3)
All sheets should be folded to approximately nine-inch x twelve-inch
size or rolled in such a manner that the title of the sheet faces
out.
E.
Colored Layout Plan. It is recommended that the applicant provide
one copy of the layout plan that is lightly colored to allow clear
understanding by the general public at public meetings.
3.
Determination of Completeness of the Submission.
A.
Based upon the initial review of the Township staff and/or the Township
Engineer, the Commission shall have authority, at its first regularly
scheduled meeting after the submission is filed in a timely fashion,
to determine that a submission is significantly incomplete and therefore
to refuse to review the submission further and to do one of the following:
(1)
Not accept the submission, indicating the deficiencies and return
the fee (minus the costs of any Township review) to the applicant.
(2)
Accept the submission as being filed for review on the condition
that the applicant shall file such additional required materials and
information to the staff or appropriate agency or person by a specific
deadline.
(3)
Table the acceptance of the submission until the next Planning
Commission meeting after the applicant has met all of the submittal
requirements within the required time period prior to the meeting.
The ninety-day time limit for action shall not begin until the plan
is accepted as complete.
(4)
Recommend that the plan be rejected by the Board Supervisors
for just cause.
B.
If the Commission determines that the submission is significantly
complete, as filed and as required, the Commission shall accept the
plans and may begin its review.
C.
Zoning Variances. An application under this chapter shall not be
considered to be complete if one or more zoning variances will be
required for the subdivision or land development to legally occur
as submitted, until such time as the needed zoning variances have
been granted. If the Planning Commission becomes aware that the zoning
variance has been lawfully appealed, the Planning Commission may table
a submission until that appeal is resolved if they determine that
the variance is needed for the feasibility of the proposal as submitted.
4.
Review by Township Engineer.
A.
Within 30 days from the date the plans are duly submitted for review
(unless granted an extension by the Commission or unless the plans
are significantly incomplete), the Township Engineer should review
the engineering considerations of the preliminary plan and prepare
an initial report on such considerations to the Commission.
B.
The Township Engineer may make additional reports and recommendations
to the Commission and the Board of Supervisors during review of the
plan. Matters that should be dealt with directly by the Planning Commission
and/or the Board of Supervisors should be listed separately from technical
engineering considerations. These nontechnical concerns should be
made available to the Planning Commission at least five days prior
to each meeting, when possible.
C.
The applicant and/or his/her engineer shall make reasonable efforts
to resolve technical engineering considerations outside of and prior
to Planning Commission meetings. The Township Engineer may require
the applicant or his/her engineer to meet with him for this purpose.
D.
A copy of findings of the Township Engineer should be sent or handed
in person to the applicant or his/her representative.
5.
Review by Commission. The Planning Commission shall accomplish the
following within the time limitations of the State Planning Code (unless
the applicant grants a written time extension), while allowing a sufficient
number of days within this deadline for a decision by the Board of
Supervisors.
A.
Review all applicable reports received from any official reviewing
agencies.
B.
Determine whether the preliminary plan submission meets the requirements
of this chapter and other applicable ordinances.
C.
Recommend any revisions to the submission that are needed to comply
with this chapter or that would generally improve the plan.
D.
Recommend approval, conditional approval or disapproval of the preliminary
plan submission in a written report to the Board of Supervisors that
specifies any recommended conditions for approval, identifies defects
found in the application, describes requirements which have not been
met and cites the provisions of the ordinance relied upon.
6.
Review by Board of Supervisors. The Board of Supervisors shall:
A.
Review the report of the Commission and any reports that have been
received from reviewing agencies.
B.
Determine whether the preliminary plan submission meets the requirements
of this chapter and other ordinances.
C.
Approve or reject the preliminary plan submission within the time
required by the Municipalities Planning Code, 53 P.S. § 10101
et seq. As of 1991, this law requires:
(1)
The Board of Supervisors to act not later than 90 days following
the date of the first regular meeting of the Commission held after
it has been properly filed for review; 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 thirtieth day following the day the application has been filed,
unless the applicant grants a written extension of time.
(2)
That no subdivision or land development shall be granted final
approval until a report is received from the Lehigh Valley Planning
Commission or until the expiration of 30 days from the date the application
was forwarded to the LVPC.
7.
Decision by Board of Supervisors.
A.
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or by mail at his/her
last known address not later than 15 days following the decision.
B.
Approval of the preliminary plan submission shall constitute conditional
approval of the subdivision or land development as to the character
and intensity, but shall not: (1) constitute approval of the final
plan; or (2) authorize the sale of lots or construction of buildings.
C.
If the preliminary plan submission is disapproved, the decision shall:
specify defects found in the submission, describe requirements which
have not been met and cite the provisions of the statute or ordinance
relied upon in each case.
8.
Final Plan Submission Deadline.
A.
An applicant shall file a final plan within five years from the date
of the approval of the preliminary plan by the Board of Supervisors,
unless an extension in writing has been granted by the Board of Supervisors.
B.
Failure to comply with this requirement shall render the preliminary
plan null and void, and a new preliminary plan submission and approval
shall be required.
[Ord. 5/8/1997A, § 503]
1.
All of the following information and materials listed in this section
are required as part of all preliminary plans for: (a) a land development
of more than one new principal nonresidential use; (b) a land development
of four or more new dwelling units; or (c) any major subdivision.
This list of requirements shall serve both: (1) to establish the requirements;
and (2) as a checklist for the applicant and the Township to use to
ensure completeness of submissions. The applicant shall submit completed
photocopies of this section as part of the application.
2.
The required information listed in this section may be combined or
separated onto different sheets, provided that all information is
clearly readable.
3.
Williams Township Preliminary Plan for Major Subdivision or Land
Development* Checklist and List of Submittal Requirements.
[Ord. 5/8/1997A, § 504]
All certification shall comply with the state professional licensing
laws. All subdivisions of land shall be certified and stamped by a
registered land surveyor.
[Ord. 5/8/1997A, § 505]
Based upon the recommendation of the Township Engineer, the
Planning Commission may require an applicant for a proposed subdivision
or land development that would not be connected to a public water
system to provide a study showing that such withdrawal will not have
significant negative impact upon groundwater quantity. Such study
shall be completed by a qualified professional. See Appendix 22-I
for further requirements.[1]
[1]
Editor's Note: Said appendix is on file in the Township offices.
[Ord. 5/8/1997A, § 506]
Based upon the recommendation of the Township Engineer, the
Planning Commission may require an applicant to provide a study to
determine whether there will be sufficient capacity in transmission
lines and treatment to handle the expected wastewater from a proposed
development. Such study shall be completed by a qualified professional.
