[Ord. 2013-11, 9/9/2013]
This is an ordinance establishing rules, regulations, and standards
governing the subdivision and development of land within Lower Mount
Bethel Township, setting forth the procedures to be followed by the
Board of Supervisors and Planning Commission in administering these
rules, regulations and standards, and setting forth the penalties
for the violation thereof.
[Ord. 2013-11, 9/9/2013]
These regulations shall be known and may be cited as "The Lower
Mount Bethel Township Subdivision and Land Development Ordinance."
[Ord. 2013-11, 9/9/2013]
1.
The regulations are adopted for the following purposes:
A.
To further the goals and policies of the Lower Mount Bethel Township
Comprehensive Plan, including but not limited to promoting the conservation
and enhancement of the rural character of the Township.
B.
To promote the health, safety, and general welfare of the residents
of Lower Mount Bethel Township.
C.
To ensure the development of land will be conducted with due regard
to topography, geologic conditions, and natural and cultural resources,
so that the highest quality environment is obtained.
D.
To ensure that proper provision shall be made for pedestrian and
vehicular access and circulation, stormwater management, water supply,
wastewater treatment and disposal, public utilities and other community
services and facilities, and to provide for adequate coordination
of existing and new facilities.
E.
To provide for adequate light, air, recreation, road trees, and landscape
quality.
F.
To encourage and promote flexibility, economy and ingenuity in the
layout and design of subdivisions and land developments to facilitate
realization of these purposes.
G.
To establish procedures and standards for applicants, the Planning
Commission and the Board of Supervisors.
[Ord. 2013-11, 9/9/2013]
This chapter has been prepared under the authority and is consistent
with the terms and requirements of the Pennsylvania Municipalities
Planning Code (53 P.S. § 10101 et seq., Act 1988-170, as
amended, "MPC"). It is intended to further the objectives of Article
I, Section 27, of the Constitution of the Commonwealth of Pennsylvania
and of the Lower Mount Bethel Township Comprehensive Plan.
[Ord. 2013-11, 9/9/2013]
1.
Subdivision and Land Development Control. It shall be unlawful for
any person owning or controlling any land in Lower Mount Bethel Township,
to sell lots not yet lawfully subdivided, to subdivide any lot, tract,
parcel of land, or interior or exterior space by leasehold or other
means, including but not limited to the creation of condominium units,
to otherwise undertake any land development as defined herein, or
to lay out, construct, open or dedicate for public use or travel,
any road, sanitary or storm sewer drainage facility or other facility
in connection therewith, for the use of occupants of buildings located
within the subdivision or land development, unless the following conditions
have been met:
A.
Final plans for any such subdivision or land development shall: (1)
have been prepared and signed by and sealed by a professional engineer
or land surveyor or landscape architect registered in the Commonwealth
of Pennsylvania, as permitted by the applicable registration laws,
duly and currently in force; (2) have been signed by the applicant(s)
and record landowner(s); (3) have been submitted to and approved in
writing thereon by the Board of Supervisors subsequent to meeting
all applicable requirements set forth in this chapter; and (4) have
been recorded in the Northampton County Recorder of Deeds office in
Easton, Pennsylvania; and
2.
In order to aid the Board of Supervisors in their considerations
of subdivision and land development applications, the Board of Supervisors
hereby decrees that the Planning Commission of Lower Mount Bethel
Township shall serve the following functions:
A.
All plans, whether major or minor, upon submission to the duly authorized
representative of the Township, shall be referred to the Planning
Commission for review.
B.
The Planning Commission shall make recommendations to the Board of
Supervisors concerning approval, disapproval, modification, and/or
conditions for approval of such plans.
C.
The Planning Commission shall make recommendations to the Board of
Supervisors concerning the interpretation and the modification of
the provisions and standards of this chapter.
3.
Prior to the approval of any plan by the Board of Supervisors, a
complete copy of the proposed submission shall have been transmitted
to the Lehigh Valley Planning Commission, and the Commission shall
have 30 days in which to review and make recommendation(s) in the
form of a report to the Board in regard to such submission. Pending
the receipt and consideration of such report, the Board of Supervisors
shall defer action thereon, but if such report is not received by
the Board within 30 days from the submission of the plan to the Lehigh
Valley Planning Commission, or within such further time as may be
agreed upon by the Board of Supervisors, the Board may proceed to
final action thereon.
[Ord. 2013-11, 9/9/2013]
The provisions of this chapter shall be held to be minimum requirements
to meet the above-stated purposes. Where the provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulation, the provisions of this chapter shall prevail. Where
the provisions of any statute, other ordinance or regulation impose
greater restrictions than those of this chapter, the provisions of
such statute, ordinance, or regulation shall prevail.
[Ord. 2013-11, 9/9/2013]
1.
It is hereby declared to be the Board of Supervisors' 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.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure, or tract of land, to be invalid or ineffective in whole
or in part, the effect of such decision shall be limited to the person,
property, or situation immediately involved in the controversy, and
the application of any such provision to other persons, property,
or situations shall not be affected.
[Ord. 2013-11, 9/9/2013]
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed to the extent that such ordinances or parts of
ordinances are inconsistent herewith. The Lower Mount Bethel Township
Subdivision and Land Development Regulations of 1990, and subsequent
amendments thereto, are hereby specifically repealed.
[Ord. 2013-11, 9/9/2013]
This chapter shall become effective five days following the
date of adoption by the Board of Supervisors.
