A chapter providing for the regulation and control
of the subdivision of lots and the development of land; the approval
of plans, plots, or replots of land laid out in building lots; standards
for the design of streets, lots, easements, blocks and other improvements;
certain minimum improvements and construction standards on all streets
and required dedications; the administration of this chapter by the
Bethlehem Township Board of Commissioners; and penalties for the violation
of this chapter.
This chapter shall be known and may be cited as "The Bethlehem Township Subdivision and Land Development Chapter." This chapter shall serve as Chapter 230 of the Code of the Township of Bethlehem.
The purpose of this chapter is to create conditions
favorable to the health, safety, morals, and general welfare of citizens
by:
A.
Assisting in the orderly and efficient integration
of subdivisions;
B.
Ensuring conformance in subdivision plans with the
public improvements plans of the Township;
C.
Ensuring sites suitable for building purposes and
human habitation;
D.
Facilitating the efficient movement of traffic and
avoiding traffic hazards and congestion;
E.
Securing equitable handling of all subdivision plans
by providing uniform procedures and standards;
F.
Improving land records by establishing standards for
surveys and plans;
G.
Safeguarding the interests of the public, the homeowner,
the subdivider and all municipalities;
H.
Preserving natural and historic features; and
I.
Carrying out the goals and objectives of the Comprehensive
Plan.
A.
No subdivision or land 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 improvements
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.
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:
(1)
A final plan has been approved; and
C.
The regulations of this chapter shall apply to any
subdivision or land development.
D.
The requirements of the State Planning Code[1] regulating "cumulative" subdivisions shall apply. In addition,
a subdivision shall be considered a major subdivision if the tract
of land has involved the creation of three or more lots within the
previous five years.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Agriculture. The subdivision by lease of land for
agricultural purposes into parcels of more than 10 acres, not involving
any new street or easement of access or residential dwelling shall
be exempted from the regulations of this chapter.
B.
Approved subdivisions.
(1)
From the time an application for approval of a plat,
whether preliminary or final, has been approved or approved by the
applicant's acceptance of conditions, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance(s) or plan
shall be applied to 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 from
such approval.
(2)
If final plat approval is preceded by preliminary
plan approval, the five-year period shall be counted from the date
of the preliminary plan approval.
A.
Standards.
(1)
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.
(2)
Where provisions, standards, and specifications of
this chapter conflict with those of any state statute, other chapters
or regulations, the more restrictive shall apply, regardless of its
source, unless specified to the contrary.
B.
Illustrations. The illustrations in this chapter are
for general illustrative purposes and are not part of the regulations
of this chapter.
A.
The Board of Commissioners, after receiving a written
request for a modification and written grounds for the modification,
and after receiving the recommendation of the Planning Commission
by written resolution, shall have the power to grant modifications
to the specific requirements of this chapter, where the applicant
proves to the satisfaction of the Board of Commissioners that, owing
to special conditions, a modification is needed to:
(1)
Avoid an undue hardship that would result because
of the peculiar and uncommon conditions pertaining to the land in
question and that such hardship was not self-created, or
(2)
Avoid the imposition of a clearly unreasonable requirement
that would not serve any valid purpose, or
(3)
Allow an alternative standard that is clearly proven
to provide equal or better results.
B.
A modification of provisions of this chapter shall
not be granted if such modification would be contrary to the public
interest or would not observe the purpose and intent of this chapter.
A.
The Board of Commissioners has established by resolution
a schedule of fees and a collection procedure for all applications
and other matters pertaining to this chapter.
B.
The applicant is also required to submit any required
review fees to the Joint Planning Commission and the County Conservation
District.
C.
Plans shall not be considered filed until all fees
are paid and the plans and applications are properly signed as required.
[Amended 6-7-1999 by Ord. No. 8-99]
A.
Alternative or multiple plans. Only one plan concerning
any area of land shall be actively before the Township for review
at any one moment in time.
B.
Resubdivisions. A proposed resubdivision of a final
plan approved by the Board of Commissioners shall be considered as
a new subdivision and shall come under the jurisdiction of this chapter
as such.
C.
Plan revisions. A proposed revision to a final plan approved by the Board of Commissioners, other than a resubdivision, shall be submitted to the Township, at the option of the applicant, for either review by the Planning Commission and decision by the Board of Commissioners pursuant to Subsection D, infra, or administrative review and decision pursuant to Subsection E, infra. Any request for approval of such revision shall be submitted in writing and shall be accompanied by a revised plan, plan note, detailed view or other graphic or textual material which illustrates or describes the revision. The applicant shall also pay any plan revision application and review fees charged by the Township. The Township shall have the right to specify and require changes in the format of the revision. The decision whether a revision shall be eligible for administrative review and decision shall be made by and require the unanimous concurrence of the Township Manager, the Director of Planning and the Township Engineer who shall submit a written report applying the criteria set forth in Subsection E, infra. In the absence of such concurrence, the Township shall notify the applicant that the revision has been determined to be ineligible for administrative review and decision, whereupon the applicant may resubmit the revision to the Township for review by the Planning Commission and decision by the Board of Commissioners pursuant to Subsection D, infra. In the event an applicant elects to submit a revision for administrative review and decision, such applicant shall thereby waive the requirements of Article V of the Pennsylvania Municipalities Planning Code[1] relating to review by the Planning Commission and decision
by the Board of Commissioners and the requirements of Section 508
of the Pennsylvania Municipalities Planning Code[2] relating to time limitations upon the rendering of a decision and communication thereof by the Board of Commissioners. Such waiver shall remain in effect until and unless the Township receives, in writing, a request by the applicant to withdraw such revision from the administrative review and decision process and to resubmit the revision to the Planning Commission for review and decision process and to the Board of Commissioners for decision pursuant to Subsection D, infra. The requirements of Article V of the Pennsylvania Municipalities Planning Code for review by the Planning Commission and decision by the Board of Commissioners and the requirements of Section 508 of the Pennsylvania Municipalities Planning Code relating to time limitations upon the rendering of a decision and communication thereof by the Board of Commissioners shall become applicable upon receipt by the Township of such written withdrawal and resubmission request.
D.
Final plan revision review by Planning Commission and decision by the Board of Commissioners. Any request for review and approval of a revision to a final plan approved by the Board of Commissioners shall be submitted by the applicant, in writing, to the Planning Commission for review and to the Board of Commissioners for decision, unless such request has been approved by the Township as eligible for administrative review and decision. Any provision of Subsection E, infra, to the contrary notwithstanding, no request for revision shall be submitted by an applicant for administrative review and decision or be eligible for or receive administrative approval but shall be submitted by the applicant to and require review by the Planning Commission and decision by the Board of Commissioners, if such revision involves any one or more of the following:
(1)
Any waiver, variance or any other modification to any of the requirements of any governing ordinance including, but not limited to, this Chapter 230, Subdivision and Land Development, Chapter 275, Zoning, Chapter 218, Stormwater Management, as applicable, or if such revision does not otherwise fully comply with the requirements of such governing ordinances.
(2)
Any revision to any plan sheet recorded in the Office
of the Recorder of Deeds of Northampton County, Pennsylvania.
(3)
Any revision to any lot line.
(4)
Any revision to the horizontal geometry of any street.
(5)
The deletion or elimination of any public or common
improvement.
(6)
The location or relocation of any public utility,
stormwater management facility or other public improvement, outside
the limits of any grant, right-of-way or easement set forth in the
final plan as proposed for grant or dedication to the Township.
(7)
The diversion of stormwater from one drainage area
to another.
(8)
Any revision requiring the consent and/or approval
of any person or entity other than the applicant or the Township,
unless such person or entity joins in or otherwise consents to and/or
approves, in writing, the application for such revision.
(9)
Any substantial increase in the cost and expense to
the Township relating to the acquisition, ownership and/or maintenance
of any proposed or existing public improvement.
E.
Final plan revision administrative review and decision. A proposed revision submitted by an applicant for administrative review and decision shall be reviewed by the Township Manager, the Director of Planning and the Township Engineer by applying the criteria and standards of all applicable governing ordinances. Approval of such revision shall require the unanimous concurrence of the Township Manager, the Director of Planning and the Township Engineer and, in the absence of such concurrence, the revision shall be disapproved. The administrative decision to approve or disapprove the revision shall be made in writing and promptly communicated to the applicant. If at any time such revision is disapproved, or while an administrative decision to approve or disapprove is pending, the applicant may, in writing, withdraw such revision from the administrative review process and resubmit the revision to the Planning Commission for review and the Board of Commissioners for decision pursuant to Subsection D, supra. Any of the following revision may be submitted by an applicant for administrative review and decision and may be administratively approved by the Township, subject to the provisions of Subsections C and D, supra.
(1)
Any revision in the length, size, shape or material
of any public utility or stormwater management facility.
(2)
Any revision of the proposed location of any public
utility, stormwater management facility or any required plant material
of 50 feet or less.
(3)
Any extension of stormwater management facilities
of 50 feet or less (including pipe, associated headwalls, inlets or
other structures).
(4)
Any addition to the stormwater management system of
yard drains or subsurface road drains including, but not limited to,
those necessary or desirable to correct or improve identified stormwater
management problems.
(5)
Any revision to any street or utility vertical geometry
or profile.
(6)
Any factual correction to any existing conditions
or natural conditions plan sheet or sheets.
(7)
Any revision to grading that does not change the overall
drainage patterns of the final plan.
(8)
Any changes to any parking lots involving fewer than
five parking spaces.
(9)
Any substitution or addition of trees or plants from
a list of Township-approved species.
A.
The regulations set forth in this chapter may, from
time to time, be amended by the Board of Commissioners.
B.
A public hearing (held pursuant to public notice)
on the proposed amendment shall be held by the Board of Commissioners.
C.
The Township staff shall submit each proposed amendment
(other than an amendment prepared by the Planning Commission) to the
Commission for recommendations at least 30 days prior to the date
set for the public hearing on such proposed amendment.
D.
The Board of Commissioners shall submit any proposed
amendment to the Joint Planning Commission. The proposed action shall
not be taken until the Joint Planning Commission recommendation is
made or until 45 days have passed.
Decisions by the Board of Commissioners may
be appealed in accordance with the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Enforcement. The Board of Commissioners shall authorize
one or more persons to enforce the provisions of this chapter and
the accompanying design standards and improvement specifications.
B.
Inspection. Any action under this chapter shall be
subject to on-site inspection by the Township or its authorized representatives
to ensure that there is compliance with this chapter, other Township
chapters and the approved plans.
C.
Remedies. Any actions inconsistent with the provisions
of this chapter shall be subject to a cease and desist order and other
appropriate measures by the Board of Commissioners, or its authorized
representatives.
See Section 515 of the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: See now 53 P.S. §§ 10515.1,
10515.2 and 10515.3.
Neither the approval nor the granting of any
building permit, floodplain permit, site plan review, subdivision
approval, land development approval, zoning permit, erosion review,
stormwater runoff review, steep slope review or any other review or
permit of this chapter, involving any land governed by the provisions
of this chapter, by an officer, employee or agency of the Township,
shall constitute a representation, guarantee or warranty of any kind
by the Township, or its employees, officials or agencies, of the practicality
or safety of any structure, use or subdivision, and shall create no
liability upon, nor a cause of action against such public body, official
nor employee for any damage that may result pursuant thereto.
[Amended 3-6-1995 by Ord. No. 1-95]
All plans shall comply with applicable state
professional certification laws, including the State Professional
Engineer's Registration Law.[1] All preliminary, final and as-built plans for a subdivision
or land development and all stormwater calculations shall be certified,
signed and sealed by the appropriate design professional and as directed
within the regulations of the State Registration Board for Professional
Engineers, Land Surveyors and Geologists. All subdivisions of land
shall be certified, signed and sealed by a professional land surveyor.
[1]
Editor's Note: See now the Engineer, Land Surveyor and Geologist
Registration Law, 63 P.S. § 148 et seq.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provisions of this chapter to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to those provisions
which, are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
B.
The Board of Commissioners hereby declares that it
would have passed this chapter and each section or part thereof irrespective
of the fact that any one or more sections or parts thereof be declared
invalid.
All other Township ordinances or parts thereof
that were adopted prior to this chapter and are clearly in conflict
with this chapter, including the preexisting Bethlehem Township Subdivision
and Land Development Chapter, as amended, except any provisions that
are specifically referenced by this chapter, are hereby repealed.
The provisions of this chapter that only repeat
or reference provisions of the State Planning Code[1] shall be deemed to be automatically superseded and replaced
by any applicable amendments to the State Planning Code.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Unless specifically stated, a "land development"
shall be required to follow all of the same submission requirements,
review procedures and other requirements of this chapter as a "major
subdivision."
