[Ord. 2013-11, 9/9/2013]
All provisions of this chapter shall be administered by the
Board of Township Supervisors of Lower Mount Bethel Township, or by
the Township Secretary, Township Zoning Officer, or other Township
official as designated by the Board. All plans, applications, correspondence,
complaints, requests for waivers, or appeals shall be delivered to
the Township municipal office.
[Ord. 2013-11, 9/9/2013]
1.
Any amendment to this chapter shall be in accordance with the provisions
set forth in the Pennsylvania Municipalities Planning Code.[1]
A.
Power of Amendment. The Board of Supervisors may, from time to time,
amend or repeal this chapter. When doing so, the Board shall proceed
in accordance with applicable law.
B.
Sources of Amendment. Proposals for an amendment to this chapter
may be initiated by the Board of Supervisors on its own motion, by
the Planning Commission, or by any landowner of land within the Township,
as follows:
(1)
Proposals Originated by the Board of Supervisors. The Board
shall refer every proposed amendment originated by said Board to the
Township Planning Commission and the Lehigh Valley Planning Commission.
The Township Planning Commission shall have at least 30 days prior
to a public hearing scheduled to discuss the amendment to submit to
the Board of Supervisors a report containing its recommendations,
including any additions or modifications to the original proposal,
all as provided for in the MPC.
(2)
Proposals Originated by the Planning Commission. The Township
Planning Commission may, at any time, transmit to the Board of Supervisors
any proposal for the amendment or repeal of this chapter.
(3)
Proposals Originated by a Landowner. If a landowner desires
to request the Township to amend this chapter, it shall do so by submitting
the required forms, fees and escrow deposits with the Township as
may be established by resolution from time to time. The Board may
refer the proposal to the Planning Commission for consideration or
may take no action on the request.
C.
Hearings. Before voting on the enactment of any amendment, the Board
of Supervisors shall hold a public hearing thereon with notice as
required by law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 2013-11, 9/9/2013]
1.
While this chapter contains the minimum standards for the protection
of the public welfare, the Township may modify the minimum standards
as necessary to serve the public interest of the Township and its
citizens.
2.
If the literal enforcement of any provision of this chapter will
exact undue hardship because of peculiar conditions pertaining to
applicant's land or the nature of the application, the Township may
grant a modification or waiver in writing to such applicant, provided
that such modification or waiver will not be contrary to the public
interest and the purpose and intent of this chapter is observed.
3.
All requests for modifications or waivers shall be in writing, be
signed by the applicant and shall accompany and be a part of the application
for development. The request shall state in full the grounds and facts
upon which the request is based, the provision or provisions of the
ordinance involved, and the minimum modification necessary. Additionally,
the applicant shall provide a cost estimate for those improvements
required by this chapter from which a modification or wavier is sought.
Any request for modification or waiver may be referred to the Planning
Commission for advisory comments.
4.
In granting modifications or waivers, the Township may impose such
conditions as will, in its judgment, substantially secure the objectives
of the standards or requirements so modified or waived. In the event
that the Township grants waivers for street trees, buffer landscape
plantings, or other landscaping/screening required by this chapter,
the Township may require alternate plantings or plantings at other
locations within the development.
5.
The Township shall keep a written record of its actions on all requests
for modifications or waivers.
[Ord. 2013-11, 9/9/2013]
If, during the course of construction or completion of a subdivision
or land development, minor changes, alterations or modification of
a final plan become necessary, such changes may be approved only after
written acceptance by the Township Engineer. Substantial revisions
to any such final plan may be approved only after written acceptance
by the Township Engineer and written approval of the Board of Supervisors.
If approved, substantial revisions to any final plan shall cause the
rerecording of the final plan after such approvals are obtained and
the final plan is revised to reflect the approved changes.
[Ord. 2013-11, 9/9/2013]
The Township shall assign a subdivision application number to
all applications, and all matters referring to each such plan submitted
by the applicant and its professional consultants shall be identified
with and filed with reference to the subdivision number. The Township
shall keep a record of its findings, decisions and recommendations
relative to all subdivision or land development applications filed
for review.
[Ord. 2013-11, 9/9/2013]
1.
Fee and escrow deposit required upon submission.
[Amended by Ord. No. 2021-01, 5/3/2021]
A.
Any application for sketch plan review, any application for preliminary
approval and any application for final plan approval shall not be
deemed to be administratively complete and will not be substantively
reviewed until the fee and escrow deposits, in accordance with Part
3 and as set forth below, shall have been paid.
B.
Failure or delay in the payment of such fee and escrow deposits to
the Township, and as appropriate in other circumstances, shall be
good and sufficient cause for the Township to either dismiss, reject,
or deny the application, or postpone or suspend consideration, substantive
review, and action on the application, until not less than seven days
after such payment is delivered to the Township, at the discretion
of the Township Manager.
2.
A subdivision or land development application fee (nonrefundable)
shall be submitted with any application for sketch plan review and
with any application for preliminary or final plan approval the amount(s)
of which shall be fixed from time to time by the Board of Supervisors
by resolution.
3.
Escrow fund deposits and replenishment; Township actions upon failure
to replenish.
[Amended by Ord. No. 2021-01, 5/3/2021]
A.
A subdivision or land development escrow deposit shall also be submitted
with any application for sketch plan review and with any application
for preliminary or final plan approval to cover the reasonable costs
of plan review and process.
B.
The escrowed funds shall be used to reimburse the Township for actual
expenditures incurred to review and processing, including, but not
limited to, the fees of the Township Engineer, Township Solicitor,
other Township consultants, and other reviews authorized by the MPC[1] or this chapter. Charges for professional consultants
of the Township that are to be paid by the applicant shall be viewed
in the broadest possible sense allowable by applicable law to ensure
that the applicant, and not Township taxpayers, is responsible for
fees and expenses arising because of the submission of the application.
[1]
Editor's Note: See the Municipalities Planning Code at 53
P.S. § 10101 et seq.
C.
If the Township uses the funds on deposit with the Township, the
applicant shall promptly replenish the escrow deposit account to the
amount required by the Township's deposit schedule or as may
be reasonably required by the Township Manager such that sufficient
funds shall be available to pay the fees of the Township's professional
consultants.
D.
Failure of the applicant to replenish the escrow account within seven
days of written notification, and as appropriate in other circumstances,
shall be good and sufficient reason for the Township to cause the
solicitor to prepare a resolution dismissing, rejecting, or denying
the application, at the applicant's expense. Failure of the applicant
to pay all invoices presented to the applicant or to replenish the
escrow account within seven days after written notification, and as
appropriate in other circumstances, shall be good and sufficient cause
for the Township to either dismiss, reject, or deny the application,
or postpone or suspend consideration, substantive review, and action
on the application, until not less than seven days after payment of
the invoices or replenishment of the escrow account is delivered to
the Township, at the discretion of the Township Manager.
E.
No application will be placed on an agenda for consideration, review,
vote or discussion, except for possible denial of the plan, if an
escrow account is not current.
F.
Any unexpended balance in the subdivision or land development escrow deposit shall become part of the second deposit required in Subsection 4, below, except that in the case of an escrow established at the time of preliminary plan application, any unexpended balance upon approval of the preliminary plan shall first become part of the escrow deposit submitted with the subsequent final plan application to the extent applicable.
4.
As a condition of final plan approval, following the establishment
of any required performance guarantee, a second escrow deposit shall
be required to cover the cost of: a) inspections of improvements and
construction; b) materials or site testing; c) engineering and legal
fees incurred by the Township; and d) maintenance costs (e.g., snow
removal, stormwater management, etc.) prior to the approval or acceptance
of the improvements by the Township, as applicable, all as set forth
in an agreement to be signed by the applicant and Township in accordance
with Part 6. Any unexpended balance in the escrow deposit following
approval or acceptance of improvements by the Township shall be returned
to the applicant in accordance with the agreement to be signed by
the applicant and Township in accordance with Part 6. The amount of
this second escrow deposit shall be based upon the recommendation
of the Township Engineer.
[Ord. 2013-11, 9/9/2013]
1.
It shall be unlawful to record any subdivision plan in any public
office, unless the same shall evidence thereon, by endorsement or
otherwise, the approval of the Board of Supervisors following application
to the Township as required by this chapter.
2.
The Township shall have all of the remedies provided by law to enforce
compliance with the provisions of this chapter including but not limited
to those remedies provided in Sections 511, 515.1 and 515.3 of the
MPC as the same may, from time to time, be revised,[1] or any successor legislation thereto.
[1]
Editor's Note: See 53 P.S. §§ 10511, 10515.1
and 10515.3, respectively.
3.
Any owner, or agent of the owner, of any land located within the
Township who sells or transfers any land by reference to, or exhibition
of or by other use of, a plan of a subdivision before the same has
been finally approved by the Board of Supervisors and recorded within
the Office of the Recorder of Deeds in and for Northampton County
shall be subject to the sanctions and penalties herein set forth.
The Board of Supervisors may also enjoin such transfer or sale by
injunction.
4.
In addition to any other remedies, the Township may institute and
maintain appropriate actions by law or in equity to restrain, correct
or abate violations, to prevent unlawful construction, to recover
damages and to prevent illegal occupancy of a building, structure
or premises.
5.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee (buyer) or
lessee (renter) for the development of any such real property, the
Township may require compliance with the conditions that would have
been applicable to the property at the time the applicant acquired
an interest in such real property.
6.
Nothing in this section shall be construed or interpreted to grant
to any person or entity other than the Township the right to commence
any action for enforcement pursuant to this section.
[Ord. 2013-11, 9/9/2013]
Appeals from the actions of the Board of Supervisors with respect
to any application for subdivision or land development approval shall
be governed by the provisions of the MPC, as they may be amended from
time to time,[1] or any successor legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
