Township of Lower Mount Bethel, PA PROCEDURES FOR SUBDIVISION AND LAND DEVELOPMENT

Lot line adjustment or lot merger:

Any plan providing for a lot line adjustment or lot merger, as defined in § 22-201, involving no more than five pre-existing lots, where all of the criteria set forth in Subsection 1B(2)(b) apply.

Lot line adjustments and lot mergers shall comply with the requirements of this Chapter when a Lot Line Adjustment and/or Lot Merger, as the case may be, are either desired by the applicant and/or owner(s), or necessary to comply with the requirements of either this Chapter, Chapter 27 (pertaining to Zoning), other Chapters of the Township Code, or other applicable laws and regulations of the federal, state, county, or Township governments or agencies.

Parcels which do not conform with current Zoning dimensional requirements may be altered without full compliance with the same current Zoning dimensional requirements without obtaining a variance so long as the revised parcels are equally or more conforming or the adjustment is the minimum necessary to correct an error or clear an encroachment.

Resulting lots meeting the requirements of this article that are reduced in size shall be required to obtain approval of secondary or reserve on-lot sewage treatment facility. Resulting lots that are increased in size shall not be required to pursue testing for secondary or reserve on-lot sewage treatment facilities.

Minor plan: any of the following.

Any plan that does not meet the definition of lot line adjustment as provided above and where all of the criteria set forth in Subsection 1B(2)(b) apply;

Any subdivision or land development application in which all of the following apply:

No new public or private road is proposed to be constructed; and

No public improvement construction is required other than as may relate to road dedication and/or widening where required by the Township, on-lot stormwater management systems or sewer or water lines serving an individual lot; and

No more than five residential or agricultural lots shall result from any subdivision, including any residual portion of the parent tract, nor from the cumulative result of more than one subdivision of the same parent tract occurring after the date of adoption of this Chapter (September 9, 2013), excluding subdivision of lots or parcels permanently restricted to agricultural or open space use; and

The potential future subdivision or land development of any remaining portion of the parent tract shall be provided for and not adversely affected by the subject plan.

Major plan:

Any non-residential or non-agricultural land development application; or

Any other subdivision or land development application not classified as a lot line adjustment, lot merger, or minor plan as provided above.

Overview of Plan Submission and Review Process. The following plan review steps are used in Lower Mount Bethel Township. Plan contents shall be as set forth in Part 4 and the number of plan sets to be submitted is as specified in the Lower Mount Bethel Subdivision and Land Development Submission Checklist in effect at the time of submission.

[Amended by Ord. No. 2021-01, 5/3/2021]

	Lot Line Adjustment or Lot Merger	Minor Subdivision or Land Development	Major Subdivision or Land Development
Pre-Application meeting	Not required	Recommended	Recommended
ERSAP	Not required	Per § 22-400, Subsection 1	Required
Site visit	Not required	Recommended	Recommended
4-step design	Not required	Not required	Required
Sketch plan	Recommended	Recommended	Recommended
Preliminary plan	Not required	Not required	Required
Final plan	Required	Required	Required

MPC Requirements. Preliminary and final plans shall be reviewed in accordance with the requirements of the MPC and as set forth herein.

Site Access for Purposes of Plan Review. The owner of the parcel of land to be subdivided or developed shall, as part of the initial submission, submit a written statement on a form provided by Lower Mount Bethel Township granting the Lower Mount Bethel Township Board of Supervisors, its authorized agents and representatives, the Planning Commission, the Township Engineer, the Township Solicitor, other Township agencies, bodies, committees, boards, commissions, consultants, etc., and the representatives of the county and municipal departments and agencies having responsibility for review and/or approval under this chapter, the right to enter the parcel of land for the purpose of inspection and enforcement of the requirements, terms, and conditions herein. The written statement form provided by the Township shall include, among other things, that site visits shall be by appointment scheduled with the applicant.

Plan Review by Adjacent Municipalities.

Any plan applications involving tracts of land along the Township's boundary shall include one additional complete set of plans and documentation which shall be forwarded by the Township to the adjacent municipality for its comments.

The Township may solicit comments from an adjacent municipality even if the plan is not on the boundary of the Township where a plan, in the opinion of the Township, affects the adjacent municipality; in which case, additional plan sets may be required.

When comments are solicited from any adjacent municipality, the Planning Commission and the Board of Supervisors shall review the reports from the adjacent municipality as part of the plan review process.

Required Notification of Surrounding Property Owners.

All applicants for major subdivision or land development approval shall notify, in writing, all individuals or entities who own real estate of the pendency of the application, where any portion of such real estate is adjacent to or within 250 feet of the proposed major subdivision or land development where located within any Village Center or Village residential land use designation on the Future Land Use Map of the Lower Mount Bethel Comprehensive Plan, or within 1,000 feet of the proposal in any other future land use designation, including property all or partly within adjacent municipalities.

All applicants for minor subdivision or land development approval shall notify, in writing, all individuals or entities who own adjacent real estate, including property all or partly within adjacent municipalities, of the pendency of such minor subdivision or land development proposal.

The notice required under this section shall be made by registered mail, return receipt requested, to the landowner's last known address within 15 days of the submission of the preliminary or final plan. The address on the tax rolls shall be considered the last known address. Verification of mailing, including a copy of the names, addresses and tax parcel numbers of each person to whom the notice was mailed, including copies of the appropriate return receipts from registered mail, shall be delivered to the Township within 30 days of submission. Until the Township receives the required verification of mailing, the Township shall be under no obligation to place the application on the agenda for any committee, commission or board for discussion and/or action.

The Township shall not be obligated to provide affected landowners with written notice of meetings held on the application except as may be required by any other legal authority. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate any action of the Township for which the notice was given.

Refiling of Plans May Be Considered New Plan Submission. Any plan which meets any one of the criteria below shall be considered to be a new plan and shall be accompanied by an application, appropriate fees and all required information.

A plan which is submitted after a previous plan for the same property has been withdrawn shall constitute a new plan.

A plan which is submitted after a plan for the same property has been approved or rejected shall constitute a new plan.

A plan which is resubmitted during the course of plan review by the Township and is deemed by the Township to contain a substantially altered lot layout, road configuration, building location(s) or use, for the same land that was involved in a prior plan submission, shall constitute a new plan.

Multiple plans for the same property may be processed simultaneously. However, each such plan shall be considered an independent plan and shall be accompanied by all appropriate fees, application forms and documentation required by this chapter.

§ 22-301 Pre-Application Planning and Design Procedures.

[Ord. 2013-11, 9/9/2013]

Except in the context of a lot line adjustment or lot merger, the following pre-application planning and design procedures are strongly recommended to promote mutual understanding among Township and Applicant representatives regarding resource protection and development objectives, to enhance the ability of the Township to review and act on any application in a timely fashion, and to reduce expenditure which may result from otherwise unnecessary repetitive submission of engineered plans. All steps taken prior to preliminary plan submission (or preliminary/final plan submission in the case of a minor plan), while recommended, are voluntary on the part of the applicant. In no case shall the date of any submission prior to submission of a complete preliminary or preliminary/final plan, as applicable, constitute the "date of filing," as defined in § 22-303, Subsection 2D, nor shall any such submission impose any formal time or substantive requirement for review, action, or decision on the part of the Township.

[Amended by Ord. No. 2021-01, 5/3/2021]

Pre-Application Meeting. Prior to any formal plan submission, applicants for any major subdivision or land development are encouraged to schedule a pre-application meeting with representative(s) designated by the Township (e.g., Township Engineer). The purpose of the pre-application meeting is to inform the applicant of the Township's planning objectives and applicable regulations and procedures and to discuss the applicant's objectives. Upon scheduling a pre-application meeting, the applicant shall establish with the Township an escrow account to cover reasonable costs incurred by the Township. Any funds not utilized shall be refunded.

Site Visit.

Prior to any formal plan submission, applicants for any major subdivision or land development are encouraged to schedule an on-site pre-application meeting with representative(s) designated by the Township (e.g., Township Engineer). If not previously completed, a site visit shall be scheduled once preliminary or preliminary/final plans, as applicable, are filed in accordance with § 22-303 or 22-304, as applicable.

Applicants are encouraged to accompany Township representatives on these site visits. The purpose of the site visit is to familiarize Township representatives with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of open space, undisturbed areas and landscaped areas, potential locations for proposed buildings and road alignments, stormwater management concepts and the protection of natural and cultural (including historic) resources. Comments made by the Township or its staff and consultants on site visits are only advisory and shall not be binding on either the Township or the applicant. No formal recommendations can be offered and no official decisions can be made at the site visit or during the sketch plan process.

Upon scheduling a site visit, the applicant shall establish with the Township an escrow account to cover reasonable costs incurred by the Township if such an account has not been previously established. Any funds not utilized shall be refunded.

Existing Resources and Site Analysis Plan. At the time of the pre-application meeting or when scheduling a site visit, if applicable, applicants for any subdivision or land development are encouraged to provide an Existing Resources and Site Analysis Plan (ERSAP) to the Township. If not previously submitted, applicants shall submit an ERSAP to the Township at the time of preliminary or preliminary/final plan submission, as applicable. The purpose of the ERSAP is to familiarize Township representatives with existing conditions on the applicant's property and within its immediate vicinity, and to provide a complete and factual reference for a site visit and a basis for planning and design that is consistent with the Township's natural and cultural resource protection and design objectives. As provided in § 22-400, the ERSAP may make use of existing published information.

Four-Step Design Process. Except for subdivision of lands in accordance with Township Ordinance 2010-05, known as the Comprehensive Agricultural Protection Zoning Ordinance (CAPZO), including, but not limited to, § 27-606 of Chapter 27, Zoning,[1] which are exempt from the four-step design process, all applicants for major subdivision or land development approval shall use the following four-step design process to assist in determining the most suitable approach to development of the subject site. The layout of lots or development shall be designed so that areas or features identified as being important in the ERSAP or upon the site visit are preserved to the greatest extent practicable and the areas of secondary importance are used for development. The steps in the four-step design process are as follows:

Step 1: Establishment of site context and delineation of resources to be left undisturbed, protected, or incorporated into development plans.

Site resources and open areas proposed to be left undisturbed or incorporated into development plans shall be identified and described based on review and assessment of mapping and other information in the ERSAP, including open space, prime agricultural soils, woodlands, other significant vegetation, slopes, views, and historic resources, as relevant. The pre-application meeting and the site visit, if applicable, should be used to assign relative value to such areas, assess relative sensitivity to development impacts, and determine those features and areas most desirable for conservation.

The areas that are identified at this stage of the design process as appropriately left open and undisturbed shall take into account functional considerations such as stormwater management considerations and suitability for groundwater recharge and infiltration, wherever feasible.

Areas identified as appropriately left open and undisturbed need not formally be designated or set aside as open space unless open space designation is required in accordance with applicable provisions of Township ordinances, nor shall such areas be deducted from any permitted density calculation or impervious cover limitation except as may be provided in Chapter 27, Zoning. The primary purpose of designation of areas to be left open and undisturbed is to guide ultimate location of structural development and related land disturbance.

Special design considerations relative to structural placement and landscape treatment shall be identified based on review of the Lower Mount Bethel Township Comprehensive Plan and Chapter 27, Zoning, as applicable, as well as an assessment of relevant relationships to neighboring properties.

Step 2: Delineation of primary development areas, location of structures and alignment of infrastructure: roads, trails, utilities, and stormwater management.

Primary development areas, including potential building area(s) and zones of land disturbance, shall be identified initially on the basis of lands remaining after identification of areas appropriately left open and undisturbed in Step 1 above. While ultimate development plans shall avoid disturbance of areas identified as appropriately left open and undisturbed to the greatest degree practicable, it is recognized that potential development consistent with applicable zoning provisions and otherwise consistent with the provisions of this chapter may not practicably avoid all such areas. Identification of additional development area, where necessary, shall be made on the basis of those areas assigned lower relative resource protection value or relative sensitivity to development impacts in accordance with Step 1.a, above. The conservation of historic resources may include their incorporation into development plans.

Identification of building locations and related disturbance areas shall conform to development areas designated per Subsection 1D(1)(a), above.

An access and circulation plan, including provision for parking, shall provide pedestrian and vehicular access to the development having a logical relationship to topographic conditions and neighboring properties and which minimizes further land disturbance and negative impacts to resource protection objectives.

Locations of and methods available for providing facilities for water service, wastewater disposal, stormwater management and other utilities, as necessary, shall be defined and indicated.

Step 3: Preparation of schematic design, building and conservation plan.

Narrative and plans shall be provided as appropriate indicating the ways in which the applicant proposes to undertake development, as defined in Step 2, in order to implement identified design objectives and respect the significant features of the land described in the ERSAP and areas designated for non-disturbance in Step 1.

Proposed limits to land disturbance on the subject site, including limits to grading and soil disturbance activities, shall be stated.

How proposed limits to land disturbance comply with any applicable disturbance limitations set forth in this chapter or in Chapter 27, Zoning, in respect to prime agricultural soils and other natural and cultural resources shall also be set forth.

Plans as necessary to demonstrate how existing natural contours and vegetation will be respected shall be described.

How stormwater will be captured on site for infiltration in accordance with DEP regulations shall be described, indicating that the areas best suited for stormwater infiltration have been selected for that purpose, based on hydrologic soil groups and the stormwater management requirements of this chapter.

(f)

A building plan which incorporates necessary infrastructure, road improvements, and landscaping, as necessary, shall be presented. A description of any historic resources on the site and proposed efforts to preserve their historical integrity shall also be included, including specific identification of instances where such resources are intended to be incorporated into any building program.

(g)

Incorporation of necessary infrastructure, road improvements and landscaping shall be described and presented, as necessary.

Step 4: Drawing lot lines/defining ownership responsibilities.

Lot lines shall be drawn as required to delineate the boundaries of individual lots, public and private rights-of-way, and open space areas, as applicable. In all cases, ownership responsibilities shall be defined in a manner which will implement the Schematic Design, Building and Conservation Plan defined in Step 3. Where permanently restricted from further development, and where approved by the Board of Supervisors, required open space areas, if applicable, may be included within the bounds of private lots.

Documentation. Applicants proposing a major subdivision or land development are encouraged to submit plans outlining the findings of each step of the design process at the time of sketch plan review, if a sketch plan is submitted. If not previously submitted, applicants shall submit such plans at the time of preliminary plan submission.

[1]

Editor's Note: So in original.

§ 22-302 Sketch Plans.

[Ord. 2013-11, 9/9/2013]

Purpose and Applicability. The purpose of the sketch plan is to afford the applicant the opportunity to consult early and informally with the Planning Commission and the Township before submission of formal plans (preliminary or preliminary/final, as applicable) for subdivision or land development approval. Applicants for sketch plan review are encouraged, but not required, to follow the Preapplication Planning and Design Procedures set forth in § 22-301.

Sketch Plan Submission and Review.

Applicants are encouraged to prepare sketch plan applications in accordance with the requirements contained in § 22-401 hereof as follows:

[Amended by Ord. No. 2021-01, 5/3/2021]

An applicant for a lot line adjustment or lot merger is only recommended to submit only a simple one-page drawing (letter, legal, or ledger size) of the intended lot line adjustment or lot merger.

All applicants for other than a lot line adjustment or lot merger, choosing to submit a sketch plan application, are encouraged to submit the minimum number of copies of the Sketch Plan application to the Township as specified in the Lower Mount Bethel Subdivision and Land Development Submission Checklist in effect at the time of submission. Applicants are encouraged to prepare sketch plan applications in accordance with the requirements contained in § 22-401 hereof.

Applicants for other than a lot line adjustment or lot merger are further encouraged to submit an ERSAP and documentation outlining the four-step design process, if applicable.

In addition to paper copy submission, Applicants are encouraged to submit sketch plans to the Township electronically in the format specified by the Township Engineer.

The Township may distribute copies of the sketch plan application to the Township Planning Commission, Township Engineer, Township Solicitor and such other Township agencies, bodies, committees, boards, commissions, and consultants as the Township deems appropriate.

The applicant is encouraged to present the sketch plan and supporting materials to the Township Planning Commission. The Township Planning Commission shall review the sketch plan and shall informally advise the Applicant of the extent to which the proposed subdivision or land development conforms to the relevant Township ordinances, resolutions, regulations and policies, to Township planning, design and historic preservation objectives, and to environmentally responsible design. To the extent that sufficient information has been submitted to the Planning Commission, the Commission shall undertake a general review which may encompass but shall not be limited to the following, to the extent applicable to the application:

[Amended by Ord. No. 2021-01, 5/3/2021]

The compatibility of the proposal with respect to the objectives and policy recommendations of the Lower Mount Bethel Township Comprehensive Plan;

Its consistency with Chapter 27, Zoning;

The compatibility of the plan with the input from the pre-application meeting, site visit, ERSAP, and the four-step design process, where applicable;

The location of all areas proposed for land disturbance (roads, foundations, yards, utilities and wastewater disposal systems, stormwater management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's ERSAP;

The proposed building density and impervious coverage;

(6)

The potential for vehicular and pedestrian connections with existing roads, other proposed roads, and existing or potential development on neighboring properties;

(7)

The location of proposed access points along the existing road network; and

(8)

The need for any waivers or modifications from otherwise applicable ordinance standards, including any waivers or modifications which the Planning Commission would recommend in order to permit the proposal to better conform to Township planning objectives.

All comments and recommendations made by Township representatives in regard to sketch plan review are nonbinding. No comment or recommendation, nor the failure of the Planning Commission or any Township representative, to proceed or act in accordance with this section, shall be deemed to be a decision with respect to any subdivision or land development plan or to vest any rights in the applicant.

§ 22-303 Preliminary Plans.

[Ord. 2013-11, 9/9/2013]

Purpose and Applicability.

All applicants for major subdivision or land development approval shall submit a preliminary plan application which is a set of documents demonstrating compliance with zoning provisions, showing existing features, proposed road and lot layout, stormwater management facilities and engineering detail sufficient to ensure proper functioning of proposed improvements and sufficient to meet the plan requirements of this chapter. Applicants for lot line adjustment, lot merger, or minor plan approval are not required to submit a preliminary plan application but may proceed with a combined preliminary/final plan application.

[Amended by Ord. No. 2021-01, 5/3/2021]

Preliminary plan applications shall conform with all information, requirements, and procedures set forth herein.

Preliminary Plan Submission and Acceptance for Review.

The preliminary plan application shall include all information as set forth in § 22-402, including the ERSAP and documentation of fulfillment of the four-step design process. Any steps which applicant has satisfactorily completed during the preapplication or sketch plan review stages need not be undertaken again. Submitted plans and accompanying documentation shall be clearly marked "Preliminary Plans."

Applicants shall submit the minimum number of copies of the preliminary plan application, including all required supporting information and materials, to the Township as specified in the Lower Mount Bethel Subdivision and Land Development Submission Checklist in effect at the time of submission. The preliminary plan application shall be submitted to the Township at least 30 calendar days prior to the Planning Commission meeting at which the applicant requests that time be reserved on the agenda to discuss the preliminary plan although submission by the applicant within that time period does not guarantee that the applicant will be on the requested Planning Commission agenda.

Plans and all supporting information as required herein, included in the preliminary plan application, also shall be submitted to the Township electronically in the format specified by the Township Engineer.

The date on which a preliminary plan application is submitted to the Township shall be considered the date of filing. Within 10 business days from the date the preliminary plan application is received, the Township shall determine whether the submission is administratively complete.

To be considered administratively complete, all of the documentation required by this chapter shall be included with the application and all required application, escrow and review fees shall be paid to the Township in accordance with the municipal fee schedule and all required fees shall be paid to the Lehigh Valley Planning Commission in accordance with the Lehigh Valley Planning Commission's fee schedule.

If a preliminary plan application is determined not to be administratively complete, it shall be returned to the applicant with a specific indication of the missing materials or fees which rendered it incomplete. Any professional consultant fees, including engineering fees and legal fees, incurred by the Township in the review of the preliminary plan for completeness prior to formal acceptance shall be billed to the applicant and deducted from the escrow deposit. An incomplete plan that is returned shall not be considered as having been submitted for purposes of establishing the required review period.

Where not previously accomplished, upon acceptance of a submission for review, the applicant shall arrange for a site visit of the subject property as set forth in § 22-301, Subsection 1B.

Distribution of Preliminary Plans. The applicant shall file the preliminary plan and accompanying documentation, as appropriate, with the Lehigh Valley Planning Commission, appropriate emergency services representatives, the Northampton County Conservation District, and other agencies as deemed appropriate by the Township. Time stamped verification of such filings shall be provided to the Township.

Review of the preliminary plan and Rendering of Decision.

Official Review Period. The Board of Supervisors shall render its decision that the submitted plan be approved, approved with conditions, or disapproved within the time period set by applicable law for decisionmaking. The Board of Supervisors, at its discretion, may extend this time if the applicant grants an extension of time to the Township in writing, on a form provided by the Township. Any extension of time requested by an applicant shall be for a minimum of 60 days.

Review by Township Engineer, Zoning Officer, and other Township Staff and Consultants.

The review shall assure the following:

That all information required by this chapter is presented in the plans submitted and that the submission complies with all requirements of this chapter;

That the preliminary plan complies with all applicable laws, ordinances, resolutions, regulations, and/or policies;

That the preliminary plan complies with the four-step design process, where applicable;

That the preliminary plan complies with any conditions set forth in any previous order or approval for any applicable conditional use, special exception, or zoning variance;

That, in the opinion of the Township Engineer, the various schemes presented for the location, alignment and grade of roads, stormwater management/best management practices, erosion and sedimentation control, physical site constraints, site grading, sanitary sewers, water supply, and any other proposed improvements are feasible from an engineering perspective.

The Township Engineer and other staff and consultants, as applicable, shall submit their written comments to the Township. The review fees shall be the responsibility of the applicant and shall be deducted from the escrow deposit. Preliminary plan comments issued by the Zoning Officer shall be deemed to be determinations, as that term is defined by the MPC,[1] as to the issues upon which the Zoning Officer provides written comments.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

The Township may request additional review by the Township Engineer, Township fire company and other emergency services providers, Township staff, Township agencies, bodies, commissions, boards, committees (e.g., EAC, Recreation Board), Township land planning consultant, or other professional consultants to ascertain the accuracy of the preliminary plan and submitted supplementary data, materials, or documentation, as it may deem necessary based on the specific circumstances. All additional review fees shall be the responsibility of the applicant and shall be deducted from the escrow deposit.

Review by Other Agencies.

Lehigh Valley Planning Commission. As the designated county planning agency, the Lehigh Valley Planning Commission shall be provided with the opportunity to review and comment on the preliminary plan submission as required by the MPC.

Northampton County Conservation District. The Northampton County Conservation District shall be provided with the opportunity to review and comment on the preliminary plan submission.

Other Agencies. County, state, federal, or other reviewing or regulatory agencies having jurisdiction over all or a portion of the property subject to the application shall be provided with the opportunity to review and comment on permit or other agency-specific matters, as applicable.

Review by the Township Planning Commission.

The Township Planning Commission shall, at its duly advertised public meetings, review the preliminary plan application for consistency with this chapter and any other applicable ordinances, resolutions, regulations, and policies, with any conditions of approval contained in any applicable order or approval for any conditional use, special exception or zoning variance, with the four-step design process, where applicable, and in consideration of the comments submitted by the Township Engineer and any other Township consultants, agencies, bodies, commissions, boards, committees, etc., where applicable. The Planning Commission review shall further include, but is not limited to, those items set forth in § 22-302, Subsection 2D(1) through (8).

The applicant or designated representative should be present at such meeting. The Planning Commission shall advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter and Chapter 27, Zoning, any other applicable ordinances, resolutions, regulations and policies, any conditions of approval contained in any applicable order or approval for any conditional use, special exception, or zoning variance, the need for or acceptability of any waivers or modifications of design standards contained herein, and any suggested plan modifications that would increase the subdivision's or land development's degree of conformance in order to obtain a Planning Commission recommendation of approval.

Prior to communicating its recommendations to the Board of Supervisors regarding any preliminary plan application, the Planning Commission may request the input and/or may review the written or verbal comments of any of the Township's planning, legal and engineering consultants, the Township's other agencies, bodies, commissions, boards, committees (e.g., EAC, Recreation Board), other professional consultants, and other agencies involved in the review of the subject plan as provided in Subsection 4B and C above. The Planning Commission may also receive comments from surrounding or affected landowners and may conduct a site visit(s) to facilitate its review.

Except where an extension of time is granted to the Township in writing by the applicant, on a form provided by the Township, and such extension is accepted by the Board of Supervisors, the Planning Commission shall communicate its comments and recommendations to the Township Board of Supervisors in advance of the last scheduled meeting of the Board prior to the expiration of the review period set by applicable law for decisionmaking. The communication from the Planning Commission to the Board of Supervisors may include any recommended conditions of approval and may cite specific sections of this chapter, other ordinances, resolutions, regulations and/or policies, or other reasons relied upon for the Commission's recommendations. Failure of the Planning Commission to communicate its recommendations to the Board of Supervisors within the prescribed time frame shall not affect the status of the preliminary plan application nor cause any extension of the applicable review period.

Review and Decision by the Board of Supervisors.

The Board of Supervisors shall render its decision that the submitted plan be approved, approved with conditions, or disapproved within the time period set by applicable law for decisionmaking. This time may be extended if the applicant grants an extension of time to the Township in accordance with Subsection 4A hereof.

The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or be mailed to him at his last known address not later than 15 days following the date of the decision.

When the application is not approved as filed, the decision shall specify the defects in the application, shall describe requirements that have not been met, and shall cite the provisions of the statute, ordinance, resolution, regulation and/or policy relied upon.

When the application is approved with conditions, the decision shall contingently comply with Subsection 4E(2)(a) above. The Board of Supervisors shall set forth the applicable conditions and the applicant shall either: execute the acceptance of conditions form as presented; or indicate in writing that the conditions are not acceptable and specifically identify which conditions are not acceptable to the applicant.

Prior to the meeting at which the Board of Supervisors will take action on the preliminary plan application, the Township shall advise the applicant of the proposed conditions to such approval. Before the Board of Supervisors takes action on the preliminary plan application, the applicant shall inform the Township in writing whether the condition(s) proposed to be imposed by the Board of Supervisors are acceptable or not to the applicant.

The final plan application for the subject property shall be submitted within 12 months of the date of preliminary plan approval. The applicant may request an extension beyond the 12 months subject to approval by the Board of Supervisors.

Upon approval of the preliminary plan application, the Board of Supervisors shall designate one copy of the preliminary plan as the official copy. This copy shall include all necessary corrections as required by the Board of Supervisors. It shall be retained in the Township files.

Approval of the preliminary plan shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.

§ 22-304 Final Plans.

[Ord. 2013-11, 9/9/2013]

Purpose and Applicability.

The purpose of the final plan application for subdivision or land development is to assure full compliance with this chapter, with applicable zoning provisions and with all other applicable laws, statutes, ordinances, resolutions, policies and/or regulations prior to formal recording of all relevant planning documents and land records, and to ensure long-term proper functioning, maintenance, and funding for all proposed improvements.

Final plan applications shall conform with all applicable information, requirements, and procedures set forth herein.

[Amended by Ord. No. 2021-01, 5/3/2021]

Final Plan Submission and Acceptance for Review.

The final plan application shall include all information as set forth in § 22-403, including the ERSAP and documentation of fulfillment of the four-step design process, where applicable.

[Amended by Ord. No. 2021-01, 5/3/2021]

Applicants shall submit the minimum number of copies of the final plan application, including all required supporting information and materials, to the Township as specified in the Lower Mount Bethel Subdivision and Land Development Submission Checklist in effect at the time of submission. The final plan application shall be submitted to the Township at least 30 calendar days prior to the Planning Commission meeting at which the applicant requests that time be reserved on the agenda to discuss the final plan, although submission by the applicant within that time period does not guarantee that the applicant will be on the requested Planning Commission agenda.

Plans and all supporting information as required herein, included in the final plan application, also shall be submitted to the Township electronically in the format specified by the Township Engineer.

The date on which a final plan application is submitted to the Township shall be considered the date of filing. Within 10 business days from the date the final plan application has been received, the Township shall determine whether the submission is administratively complete.

To be considered administratively complete, all of the documentation required by this chapter shall be included with the application and required application, escrow and review fees shall be paid to the Township in accordance with the municipal fee schedule and all required fees shall be paid to the Lehigh Valley Planning Commission in accordance with the Lehigh Valley Planning Commission's fee schedule.

If a final plan application is determined not to be administratively complete, it shall be returned to the applicant with a specific indication of the missing materials or fees that rendered it incomplete. Any professional consultant fees, including engineering fees and legal fees, incurred by the Township in the review of the final plan for completeness prior to formal acceptance shall be billed to the applicant and deducted from the escrow deposit. An incomplete plan that is returned shall not be considered as having been submitted for purposes of establishing the required review period.

Within 10 business days from the date the final plan application is received, the Township shall also determine whether the submission is a major plan submission, a minor plan submission, a lot line adjustment, or lot merger, as defined in § 22-300, Subsection 1B.

[Amended by Ord. No. 2021-01, 5/3/2021]

If the application is a major plan submission, but no preliminary plan application has previously been submitted and approved, the application shall be returned to the applicant or, upon the request of the applicant in writing, considered to be a preliminary plan submission made in accordance with § 22-303 hereof.

If the application is a major plan submission following a preliminary plan application previously submitted and approved, or if the application is a minor plan submission, a lot line adjustment or lot merger, then the application shall be retained by the Township for review in accordance with this Section.

For a major plan submission, the final plan shall conform to the approved preliminary plan.

For a major plan submission, the Board of Supervisors may permit submission of the final plan in sections, consistent with Section 508 of the MPC.[1]

[1]

Editor's Note: See 53 P.S. § 10508.

Final plan applications shall conform to any conditions in any applicable order or approval for a conditional use, special exception, or zoning variance.

Where not previously accomplished, upon acceptance of a submission for review, the applicant shall arrange for a site visit of the subject property as set forth in § 22-301, Subsection 1B, if requested by the Township.

[Amended by Ord. No. 2021-01, 5/3/2021]

Distribution of Final Plans. The applicant shall file the final plan and accompanying documentation, as appropriate, with the Lehigh Valley Planning Commission, appropriate emergency services representatives, Northampton County Conservation District, and other agencies as deemed appropriate by the Township. Time-stamped verification of such filings shall be provided to the Township.

Review of the final plan and Rendering of Decision.

Review by Township Engineer, Zoning Officer, and other Township Staff and Consultants.

The review shall assure the following:

That all information required by this chapter is presented in the plans submitted and that the submission complies with all requirements of this chapter;

That the final plan complies with all applicable laws, ordinances, resolutions, regulations, and/or policies;

That the final plan complies with the four-step design process, where applicable;

That the final plan conforms with the approved preliminary plan, as applicable;

That the final plan complies with any conditions set forth in any previous order or approval for any applicable conditional use, special exception, or zoning variance;

(f)

The Township Engineer and other staff and consultants, as applicable, shall submit their written comments to the Township. The review fees shall be the responsibility of the applicant and shall be deducted from the escrow deposit. Final plan comments issued by the Zoning Officer shall be deemed to be determinations, as that term is defined by the MPC,[2] as to the issues upon which the Zoning Officer provides written comments.

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

The Township may request additional review by the Township Engineer, Township fire company and other emergency services providers, Township staff, Township agencies, bodies, commissions, boards, (e.g., EAC, Recreation Board), Township land planning consultant, or other professional consultants to ascertain the accuracy of the final plan and submitted supplementary data, materials, or documentation, as it may deem necessary based on the specific circumstances. All additional review fees shall be the responsibility of the applicant and shall be deducted from the escrow deposit.

Review by Other Agencies.

Northampton County Conservation District. The Northampton County Conservation District shall be provided with the opportunity to review and comment on the final plan submission.

Review by the Township Planning Commission.

The Planning Commission review shall further include, but is not limited to, those items set forth in § 22-302, Subsection 2D(1) through (8), to the extent applicable to the application.

[Ord. No. 2021-01, 5/3/2021]

Prior to communicating its recommendations to the Board of Supervisors regarding any final plan application, the Planning Commission may request the input and/or may review the written comments or testimony of any of the Township's planning, legal and engineering consultants, the Township's other agencies, bodies, commissions, boards, committees (e.g., EAC, Recreation Board); other professional consultants, and other agencies involved in the review of the subject plan as provided in Subsection 4B and C above. The Planning Commission may also receive comments from surrounding or affected landowners and may conduct a site visit(s) to facilitate its review.

Except where an extension of time is granted to the Township in writing by the applicant on a form provided by the Township, and such extension is accepted by the Board of Supervisors, the Planning Commission shall communicate its comments and recommendations to the Township Board of Supervisors in advance of the last scheduled meeting of the Board prior to the expiration of the review period set by applicable law for decisionmaking. The communication from the Planning Commission to the Board of Supervisors may include any recommended conditions of approval, and may cite specific sections of this chapter, other ordinances, resolutions, regulations and/or policies, or other reasons relied upon for the Commission's recommendations. Failure of the Planning Commission to communicate its recommendations to the Board of Supervisors within the prescribed time frame shall not affect the status of the final plan application nor cause any extension of the applicable review period.

Review and Decision by the Board of Supervisors.

The Board of Supervisors shall render its decision that the submitted plan be approved, approved with conditions, or disapproved within the time period set by applicable law for decision-making. This time may be extended if the applicant grants an extension of time to the Township in accordance with Subsection 4A hereof.

The Board of Supervisors may specify conditions, changes, modifications, or additions to the application that the Board deems necessary.

All final plan approval shall be subject to the following conditions, as applicable, and others which may be imposed by the Township and agreed upon by the applicant, all as demonstrated in the resolution of approval for the application:

The applicant shall execute a written agreement, in accordance with § 22-601 herein, agreeing to install all the improvements as required by this chapter and all regulations adopted pursuant hereto if such improvements are not installed prior to recording of the final plan and agreeing to provide evidence of the necessary insurance coverage for the benefit of the Township.

The applicant shall provide a performance guarantee in accordance with § 22-601 herein.

The applicant shall agree to tender deed(s) of dedication to the Township for such roads, easements for sanitary sewers, water lines, or storm sewers, public open space(s) and public improvements, including stormwater basins, road paving, sidewalks, trails, shade trees, roadscape amenities, water mains, any fire hydrants, sanitary and storm sewers, as may be required for the promotion of the public welfare. Such deed(s) of dedication shall not be accepted by the Township until after all said improvements are completed and such completion is certified as satisfactory by the Township Engineer. All deed(s) of dedication shall be provided in a form prepared by the Township Solicitor, and shall be submitted to the Township accompanied by: an opinion of record title, in form acceptable to the Township Solicitor, prepared by the applicant's counsel (who must not be affiliated with the applicant, must be licensed to practice law in Pennsylvania and must maintain an office in Pennsylvania); or a title insurance policy issued by a title insurance company licensed to do business in Pennsylvania in such amount as is established by the Township from time to time by resolution and in a form as is acceptable to the Township, indicating that the rights-of-way are free and clear of all liens and of all encumbrances that could adversely affect the Township's ownership or use of such rights-of-way.

The applicant shall have applied for all required permits from agencies having jurisdiction over the proposed development, including but not limited to the Pennsylvania Department of Transportation (PennDOT), the PADEP, and the Pennsylvania Public Utility Commission.

No plan which proposes access onto a road under the jurisdiction of PennDOT shall be finally approved unless the plan contains a notice that a highway occupancy permit is required therefore pursuant to Section 420 of Act 428, known as the "State Highway Law,"[3] before access to a state road is permitted.

[3]

Editor's Note: See 36 P.S. § 670-420.

When the application is approved with conditions, the decision shall contingently comply with Subsection 4E(4)(a) above. The Board of Supervisors shall set forth the applicable conditions and the applicant shall either: execute the acceptance of conditions form as presented; or indicate in writing that the conditions are not acceptable and specifically identify which conditions are not acceptable to the applicant.

Prior to the meeting at which the Board of Supervisors will take action on the final plan application, the Township shall advise the applicant of the proposed conditions to such approval. Before the Board of Supervisors takes action on the final plan application, the applicant shall inform the Township in writing whether the condition(s) proposed to be imposed by the Board of Supervisors are acceptable or not to the applicant.

Approved Final Plan.

Upon approval of the final plan application, the Board of Supervisors shall designate one copy of the final plan as the official copy. This copy shall include all necessary corrections as finally approved by the Board, shall be certified by the applicant's appropriate professional and shall be endorsed by signature of the applicant, the record landowner of the property (if different than the applicant), the Chairperson of the Board of Supervisors, the Township Secretary and the Township Engineer. It shall be retained in the Township files.

A minimum of seven copies of the final plan as finally approved, certified and endorsed, as provided above, shall be distributed by the applicant as follows:

Seven copies shall be provided to the Lehigh Valley Planning Commission for signing. The Lehigh Valley Planning Commission shall keep one copy and return the remaining six copies to the applicant.

Four signed copies shall be provided to the Township, together with one copy of all supporting materials. One copy shall be recorded within 90 days at the Office of the Northampton County Recorder of Deeds, consistent with the provisions of Section 513(a) of the MPC.[4] The Office of the Northampton County Recorder of Deeds shall retain the signed and recorded copy. The Township shall retain the remaining three copies and the supporting materials.

[4]

Editor's Note: See 53 P.S. § 10513(a).

One signed copy shall be forwarded to the Sewage Enforcement Officer.

The applicant shall retain one copy.

The final plan as finally approved, certified, endorsed, and fully signed shall also be submitted to the Township electronically in the format specified by the Township Engineer.

Where conditional final approval has been granted, the conditions must be satisfied within one year of the date of the resolution of approval. If the conditions are not satisfied within one year, the conditional approval shall lapse and the plan shall be deemed denied. Thereafter, the plan must be resubmitted in accordance with the applicable sections of this chapter.

Legal descriptions and deeds for lot line adjustments and lot mergers.

[Ord. No. 2021-01, 5/3/2021]

For lot line adjustments and lot mergers, new legal descriptions, including the new lot lines, lot areas, and lot dimensions in accordance with § 22-403 Required Content of Final Plans, Subsection 1B(2), signed and sealed by a surveyor, shall be submitted to the Township within 90 days after the recording of the final plan. This requirement may be waived upon written recommendation of the Township Engineer.

For lot line adjustments and lot mergers, new recorded deeds based on the above-required new legal descriptions shall be submitted to the Township within 180 days after the recording of the final plan.

For lot line adjustments and lot mergers, the new deed shall contain a provision that prohibits subdivision without Township approval.