All applications for subdivision and/or land development shall be classified as sketch plans, preliminary plans, or final plans as further regulated herein. For minor plans, see the requirements in Article IV.
B.
Preliminary plan. A preliminary plan is required to be submitted for all proposals for major plans, except for those which qualify as minor plans, in accordance with the requirements of § 312-11, Preliminary plan: submission procedure, and § 312-12, Preliminary plan: submission and drawing requirements.
D.
Preliminary/final plan. A combined preliminary/final plan may be submitted for any proposal for major plan, except for those which qualify as minor plans, in accordance with the requirements of §§ 312-11 and 312-13, regarding preliminary and final plan submission procedures and §§ 312-12 and 312-14, regarding preliminary and final plan submission and drawing requirements.
A.
Submission. The sketch plan stage is designed to offer the applicant an opportunity to informally discuss his plans for a proposed major plan with the Township Planning Commission and Township Engineer. The plan will be reviewed for general scope and layout, for conformity with applicable Township requirements and the Township Comprehensive Plan, and for conditions which might affect the implementation of the subdivision. An applicant seeking a sketch plan review shall submit the required number of prints of the sketch plan and all required supporting documents as specified in § 312-10 to the Department of Community Development.
B.
Department of Community Development action.
(1)
The Department of Community Development shall issue a receipt for
the sketch plan submission.
(2)
After issuing a submission receipt, the Department of Community Development
shall:
(a)
Transmit one print of the plan to each municipality in which
the subdivision is located or is adjoining for review and comment.
(b)
Transmit three prints of the plan and one copy of all supporting
documents to the Township Engineer for review and comments.
(c)
Transmit one print of the plan to the Township Zoning Officer
for review and comment.
(d)
Transmit one print of the plan to the Township Fire Inspector
for review and comment.
(e)
Transmit one print of the plan to the Public Works Department
for review and comment.
(3)
The Department of Community Development shall refer the sketch plan,
the supporting documents, and any review comments of the reviewing
bodies to the Township Planning Commission and shall place the sketch
plan review request on the agenda of the next regularly scheduled
meeting of the Planning Commission, provided that the applicant has
submitted a complete application prior to the submission deadline
for the next Planning Commission meeting.
(4)
The Department of Community Development shall notify the applicant
of the scheduled Township Planning Commission meeting and the need
for said applicant to be represented at said meeting in order to present
his plans to the Planning Commission and to discuss the plan with
the Commission members.
C.
Public notification by Township.
(1)
The Township shall make every reasonable attempt to publish a public
notice in a newspaper of general circulation in the Township once
each week for two successive weeks. The first publication shall not
be more than 30 days and the second publication shall not be less
than seven days from the date of the Planning Commission hearing.
Such notice shall state:
(a)
The time, location, and date of the scheduled Township Planning
Commission meeting.
(b)
The location of the subdivision.
(c)
The proposed land use of the subdivision.
(d)
The total acreage of the subdivision and the number and range
in size of the individual lots, if applicable.
(e)
That a copy of the plan may be inspected in the Department of
Community Development office.
(2)
Not less than 10 days prior to the scheduled Township Planning Commission meeting, the Township shall make every reasonable attempt to give notice by first-class mail to all property owners as shown on the most recent tax records to be holding title to property within 300 feet of any boundary of the subdivision. The notice shall include the information required by § 312-9C(1) to be included in the published public notice.
D.
Nature of opinion. The providing of an opinion regarding a sketch
plan by the Township Planning Commission shall not constitute preliminary
approval of a plan but rather an expression of the Planning Commission's
opinion of the layout submitted to be used as a guide to the preparation
of the preliminary plan. Such an opinion does not authorize the installation
of any improvements nor the selling or transfer of any lots nor the
leasing or renting of any space. The official time period for decisionmaking
does not begin with the submission of a sketch plan.
A.
Submission requirements. Sketch plan submission of a major plan shall
comprise the following:
(1)
Plan: 10 clear and legible white paper prints of the sketch plan
and two copies of the required supporting documents.
(2)
Application form: one copy of "Application for Review of a Subdivision
Plan." (Application forms may be obtained from the Department of Community
Development.)
(3)
Appropriate fees. A review fee and escrow shall be submitted in an
amount established by resolution by the Township Board of Commissioners.
(4)
The applicant shall submit, concurrently with the paper copies of
the above, digital copies of all documents, including plans, reports,
letters, applications, agreements, deeds and other supporting documents
in Portable Document Format (PDF). This may be accomplished via electronic
mail, compact disc or a download service, as prearranged with the
Department of Community Development.
(5)
The applicant shall submit a project narrative that describes the
proposal. This written statement shall identify the zoning district
within which the subject property is located, the names and ownership
(Township, PennDOT, or private) of the frontage streets, the parcel
owner name, the applicant name, the existing and proposed uses of
the tract, the area of the existing lot, the number of proposed lots,
the proposed areas of the lots, the size of the proposed building,
the number of proposed parking spaces, the existing and proposed types
of water service and sanitary sewage disposal, the proposed types
of stormwater best management practices and any nearby historic resources.
(6)
The
applicant shall transmit one copy of the plan to Lehigh and Northampton
Transportation Authority (LANTA) and submit proof of transmittal to
the Township.
[Added 3-20-2019 by Ord. No. 1043]
(7)
The
applicant shall transmit one copy of the plan to the United States
Postal Service and submit proof of transmittal to the Township.
[Added 3-20-2019 by Ord. No. 1043]
B.
Drawing guidelines. A sketch plan for a major plan shall be in accordance
with and show, at a minimum, the following:
(1)
The plan shall be drawn at one of the following scales: one inch
equals 20 feet; one inch equals 30 feet; one inch equals 40 feet;
one inch equals 50 feet; one inch equals 60 feet; one inch equals
80 feet; one inch equals 100 feet.
(2)
The plan sheet size shall be 24 inches by 36 inches, 30 inches by
42 inches, or other size preapproved by the Township Engineer and
permitted by the Lehigh County Recorder of Deeds.
(3)
A title block at the bottom center or at the bottom right of the
plan showing:
(4)
A signed statement that the applicant is the owner, or authorized
by the owner to make application for the land proposed to be subdivided.
(5)
Site data, including:
(a)
Total acreage of tract.
(b)
Number of lots proposed and area in square feet or acres for
each lot.
(c)
Linear feet of new streets proposed.
(d)
Type of water supply system proposed.
(e)
Type of sewage disposal system proposed.
(f)
Zoning district.
(g)
Parcel identification numbers from county records.
(6)
A location map showing the general location of the subdivision tract
in relation to adjacent surrounding properties, streets, and streams
and other significant physical features.
(7)
North point near the upper right-hand corner when practicable.
(8)
Topographic contours from available data (may be obtained from United
States Geological Surveys).
(9)
Proposed lot and street layout with dimensions of lots and street
rights-of-way to nearest foot.
(10)
Property boundaries within the site and within 200 feet of the
site (may be obtained from County Tax Map or similar source).
(11)
Sequential staging of development within the subdivision and
for the entire tract on which the subdivision is located. In the case
where there is more than one tract contiguously arranged under the
same ownership as the subdivision and of which the subdivision is
a part, the staging of planned development shall be shown for all
such contiguously arranged tracts.
(12)
Significant topographical and physical features such as floodplains,
wetlands, water conservation areas, bodies of water, steep slopes,
woodlands and structures.
(13)
Approximate locations of proposed stormwater BMPs.
(14)
Any other information that the Township or the applicant deems
necessary to explain the proposal.
A.
Submission. The preliminary plan is required for all major plans and shall be prepared for the entire tract on which the subdivision is located. The applicant shall submit the required number of prints of the preliminary plan and all required supporting documents, as specified in § 312-12, to the Department of Community Development.
B.
Department of Community Development action.
(1)
The Department of Community Development shall issue a receipt for the preliminary plan submission after the Department has determined that the submission includes the required plans and documents as specified in § 312-12. An application for preliminary plan review shall be rejected if the required materials have not been submitted.
(2)
After issuing a submission receipt, the Department of Community Development
shall:
(a)
Transmit one print of the plan to each municipality in which
the subdivision is located or is adjoining for review and comment.
(b)
Transmit three prints of the plan and one copy of all supporting
documents to the Township Engineer for review and comment.
(c)
Transmit one print of the plan to the Township Zoning Officer
for review and comment.
(d)
Transmit one print of the plan to the Township Fire Inspector
for review and comment.
(e)
Transmit one print of the Public Works Department for review
and comment.
(3)
The Department of Community Development shall refer the preliminary
plan, the supporting documents, and any review comments of the reviewing
bodies to the Township Planning Commission and shall place the preliminary
plan approval request on the agenda of the next regularly scheduled
meeting of the Planning Commission, provided that the applicant has
submitted a complete application prior to the submission deadline
for the next Planning Commission meeting.
(4)
The Department of Community Development shall notify the applicant
of the scheduled Township Planning Commission meeting and the need
for said applicant to be represented at said meeting in order to formally
present his plans to the Planning Commission and to answer any questions
raised by the Commission members.
C.
Public notification by Township.
(1)
The Township shall make every reasonable attempt to publish a public
notice in a newspaper of general circulation in the Township once
each week for two successive weeks. The first publication shall not
be more than 30 days and the second publication shall not be less
than seven days from the date of the Planning Commission hearing.
Such notice shall state:
(a)
The time, location, and date of the scheduled Township Planning
Commission meeting.
(b)
The location of the subdivision.
(c)
The proposed land use of the subdivision.
(d)
The total acreage of the subdivision and the number and range
in size of the individual lots, if applicable.
(e)
That a copy of the plan may be inspected in the Department of
Community Development office.
(2)
Not less than 10 days prior to the scheduled Township Planning Commission meeting, the Township shall make every reasonable attempt to give notice by first-class mail to all property owners as shown on the most recent tax records to be holding title to property within 300 feet of any boundary of the subdivision. The notice shall include the information required by § 312-11C to be included in the published public notice.
D.
Township Planning Commission action. The Township Planning Commission
shall report on the plan and the staging of development in writing
to the Township Board of Commissioners and to the applicant, recommending
approval, conditional approval, or disapproval, and specifying the
section of the regulations applicable in the event of conditional
approval or disapproval. The Planning Commission shall consider the
provisions of 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 when reviewing subdivision and land developments.
The Planning Commission shall also consider the comments submitted
by the Township Engineer and any other Township consultants, agencies,
bodies, commissions, boards, committees, etc., where applicable. The
Planning Commission shall make recommendations to the Board of Commissioners
concerning the application, effect, modification or waiver of the
provisions of this chapter and any other applicable ordinances, resolutions,
regulations, and policies on subdivision and land development applications.
(1)
Except where an extension of time is granted to the Township in writing
by the applicant, on a form provided by the Township, the Planning
Commission shall communicate its comments and recommendations to the
Board of Commissioners in advance of the last scheduled meeting of
the Board prior to the expiration of the review period set by applicable
law for decisionmaking. Failure of the Planning Commission to communicate
its recommendations to the Board of Commissioners within the prescribed
time frame shall not affect the status of the preliminary plan application
nor cause any extension of the applicable review period.
E.
Township Board of Commissioners action. The Township Board of Commissioners
shall review the recommendations of the Township Planning Commission
and shall act on the preliminary plan, stating its approval, conditional
approval, or disapproval, giving reasons for each 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.
(1)
The decision of the Board of Commissioners shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the date
of the decision.
(a)
When the application is not approved in terms as filed, the
decision shall specify the defect found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute, ordinance, resolution, regulation
and/or policy relied upon.
(b)
When the application is proposed to be approved with conditions,
prior to the meeting at which the Board of Commissioners 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 Commissioners takes action on the preliminary plan application,
the applicant shall either a) execute the acceptance of conditions
form as presented by the Township indicating the applicant's acceptance
of all proposed conditions or b) indicate in writing that the conditions
are not acceptable and specifically identify which conditions are
not acceptable to the applicant.
(2)
The Board of Commissioners may, based on a recommendation from the
Planning Commission, consider the preliminary plan a final plan.
F.
Nature of approval by Township Board of Commissioners. If the Township
Board of Commissioners does not waive the submission of a final plan
for the subdivision, approval of the preliminary plan shall not constitute
approval of a final plan, but rather an expression of approval of
the layout submitted and the staging of development, as shown on the
preliminary plan as a guide for the preparation of a final plan. Approval
of the preliminary plan does not authorize the installation of any
improvements nor the selling or transfer of any lots nor the leasing
or renting of any space.
A.
Submission requirements. Preliminary plan submission of a major plan
shall comprise the following:
(1)
Plan: 10 clear and legible white paper prints of the preliminary
plan and two copies of the supporting documents.
(2)
Application form: one copy of "Subdivision and Land Development Review
Application." (Application forms may be obtained from the Department
of Community Development.) If a sketch plan was submitted, the original
application form shall be updated and signed by the applicant at the
time the preliminary plan is submitted.
(3)
Appropriate fees. A review fee and an escrow fund shall be submitted
in an amount established by resolution by the Township Board of Commissioners.
(4)
Two copies of the deed(s) for the subject property, any easements,
a reference to the recorded subdivision plan (by Township file number
or plan name) that created the lot(s), and any zoning decisions or
other recorded documents that might affect the proposed subdivision.
(5)
The applicant shall submit, concurrently with the paper copies of
the above, digital copies of all documents, including plans, reports,
letters, applications, agreements, deeds and other supporting documents
in Portable Document Format (PDF). This may be accomplished via electronic
mail, compact disc or a download service, as prearranged with the
Department of Community Development.
(6)
Certification of central water supply system.
(a)
Extension of system. When the subdivision is to be served with
water by an extension of an existing water company or authority, the
applicant shall submit one copy of a letter from the water company
or authority which states that the company or authority can and will
adequately serve the subdivision.
(b)
New system. In the absence of a public water system, or if the
extension of existing municipal systems to the proposed site is deemed
to be economically impractical by the Board of Commissioners, the
applicant shall be required to construct a water supply and/or distribution
system to Township standards and offer to dedicate said system to
the Township or its designee without cost, as a central public water
supply and/or distribution system. When a subdivision is to be served
by a new central water supply system, the applicant shall apply for
and obtain a permit from the Pennsylvania Department of Environmental
Protection and a letter from the applicant which states that he will
comply with the Pennsylvania Department of Environmental Protection
requirements.
(c)
Plans and specifications for the extension of an existing water
system or a creation of a new water system shall be submitted to the
Township Engineer for his review and approval.
(7)
Certification of central sanitary sewerage system.
(a)
Extension of system. When the subdivision is to be served by
an extension of an existing sewer company or authority, the applicant
shall submit one copy of a letter from the company or municipal agency
which states that the company or municipal agency can and will adequately
serve the subdivision.
(b)
New system. In the absence of a public sanitary sewer collection
and/or disposal system, or if the extension of existing municipal
collection and/or disposal systems to the proposed site is deemed
to be economically impractical by the Board of Commissioners, the
applicant shall be required to construct a sanitary sewage collector
system and treatment plant to Township or its designee's standards,
for connection to the municipal system if and when constructed to
serve the development, and offer to dedicate said system to the Township
or its designee without cost, as a central public sanitary sewer collection
system. If a sanitary sewage disposal system is required, the Township,
at its discretion, may require that the applicant construct the disposal
system, or that said system be constructed by the Township and/or
the South Whitehall Township Authority.[1] When the subdivision requires a new central sewage collection
and/or disposal system, the applicant shall, if required, apply for
and obtain a permit from the Pennsylvania Department of Environmental
Protection and a letter from the applicant which states that he will
comply with the Department of Environmental Protection requirements.
[1]
Editor's Note: The Township Authority was dissolved 5-3-2017
by Ord. No. 1021.
(c)
Plans and specifications for the extension of an existing sewage
system or a creation of a new sewage system shall be submitted to
the Township Engineer for his review and approval.
(8)
Certification of on-lot sewer and water systems.
(a)
On-lot sewage disposal systems. When the subdivision is to be
served by individual on-lot sewage disposal systems, the applicant
shall submit the application for sewage disposal system report (Copies
of the sewage disposal report can be obtained from the Department
of Community Development.), certified by the Township Sewage Enforcement
Officer that he will approve a properly designed on-lot sewage disposal
system for the proposed size of lots on the subdivision. No new on-lot
systems shall be permitted in areas designated in the Comprehensive
Plan as areas to be served by public sewers unless it is anticipated
that the public sanitary sewer service will not be available within
one year of plan approval.
(b)
On-lot water supply system. When the subdivision is to be served
by individual on-lot water supply systems, the applicant shall submit
one copy of certification by the Pennsylvania Department of Environmental
Protection that the Department will approve a properly designed on-lot
water system for the proposed size of lots on the subdivision. No
new on-lot supply system shall be permitted in areas designated by
the Comprehensive Plan to be served by municipal water unless it is
anticipated that the public water service will not be available within
one year of plan approval.
(c)
Plans and specifications for the extension of an existing on-lot
sewage system and on-lot water system shall be submitted to the Township
Engineer and Sewage Enforcement Officer for their comment and approval.
(9)
Highway occupancy permit. When a subdivision or land development
has frontage along, drains to or otherwise impacts a state highway,
the applicant shall submit the plan to the Pennsylvania Department
of Transportation (PennDOT) for review, regardless of whether or not
any changes are proposed along the state highway. Copies of all correspondence
between the applicant and PennDOT, and all issued permits, shall be
provided to the Township. If PennDOT determines that a highway occupancy
permit is not necessary, the applicant shall obtain such determination
in writing and provide it to the Township. The applicant, its successors
and assigns, shall indemnify, defend, exonerate and hold the Township
and its boards, committees and commissions (including the individual
members thereof), their elected and appointed officers and officials
and their employees, contractors, other professional consultants,
engineers, solicitors, managers, representatives, advisors, predecessors,
successors, agents, independent contractors, insurers and assigns
harmless from any obligations or liabilities pertaining to, relating
to, resulting from, caused by, arising out of, sustained in connection
with or imposed by Pennsylvania Department of Transportation upon
the Township by virtue of any permits required in connection with
the subdivision. In the event that PennDOT requires the Township to
sign the highway occupancy permit application or other documents relative
to the required highway occupancy permit, the Township shall retain
sole discretion whether to sign the application or other documents.
Should the Township elect to sign the application and/or other documents
required by PennDOT, the applicant shall enter into a recordable indemnification
agreement in a form acceptable to the Township Solicitor which, among
other things, will require that the applicant, its successors and
assigns indemnify, defend, exonerate and hold the Township and its
and its boards, committees and commissions (including the individual
members thereof), their elected and appointed officers and officials
and their employees, contractors, other professional consultants,
engineers, solicitors, managers, representatives, advisors, predecessors,
successors, agents, independent contractors, insurers and assigns
harmless from any liability pertaining to, relating to, resulting
from, caused by, arising out of or sustained in connection with the
Township's signing the application and/or other documents required
by PennDOT and any obligation assumed by the Township by virtue of
signing the application and/or documents. The Township shall also
retain sole discretion concerning acceptance of any road right-of-way,
improvements, maintenance responsibilities, etc., which may be imposed
by PennDOT relative to improvements contemplated with a PennDOT right-of-way
and/or easement.
(10)
The applicant shall transmit one print of the plan to the Lehigh
Valley Planning Commission for its review and comment and submit proof
of transmittal to the Township.
(11)
The applicant shall transmit one print of the plan to the District
Office of the Pennsylvania Department of Transportation for its review
and comments if the proposed subdivision abuts or is traversed by
a state highway or affects the storm drainage of a state highway and
submit proof of transmittal to the Township.
(12)
The applicant shall transmit one print of the plan and one copy
of all appropriate supporting documents to the Pennsylvania Department
of Environmental Protection for its review and comments and submit
proof of transmittal to the Township.
(13)
The applicant shall transmit one print of the plan and one copy
of the soil erosion and sedimentation control plan, if applicable,
to the representative for the Lehigh County Conservation District
and submit proof of transmittal to the Township.
(14)
The applicant shall transmit one copy to the Lehigh and Northampton
Transportation Authority (LANTA) and submit proof of transmittal to
the Township.
(15)
If the development contains more than five residential units,
the applicant shall transmit one copy to the school district in which
the project is located and submit proof of transmittal to the Township.
(16)
Additional data shall be submitted if requested by the Township
Engineer or Township Planning Commission pursuant to this chapter
or other applicable laws or regulations.
B.
Drawing requirements. A major plan shall be in accordance with and
show the following:
(1)
The plan shall be drawn at one of the following scales: one inch
equals 20 feet; one inch equals 30 feet; one inch equals 40 feet;
one inch equals 50 feet; one inch equals 60 feet; one inch equals
80 feet; one inch equals 100 feet.
(2)
The plan sheet size shall be 24 inches by 36 inches, 30 inches by
42 inches, or other size preapproved by the Township Engineer and
permitted by the Lehigh County Recorder of Deeds.
(3)
All sheets shall be the same size, and be numbered relative to the
total number of sheets (e.g., 1 of 5, etc.).
(4)
A title block at the bottom center or at the bottom right of the
plan showing:
(a)
Name under which the subdivision is to be recorded.
(b)
Scale.
(c)
Date of plan and dates of all revisions.
(d)
Name and address of the owner and of the applicant, if different.
(e)
Name and address of registered engineer or surveyor who prepared
the plan.
(f)
Name of municipality in which subdivision is located.
(5)
The registered professional engineer and surveyor responsible for
the plan and qualified to do such work according to Pennsylvania Act
No. 367 of 1945, as amended,[2] shall certify that the plan is correct as described and
shall affix his name, address, license number, and seal. The statement
of the plan should be worded "I hereby certify the above plan and
survey to be correct in all its details."
[2]
Editor's Note: See 63 P.S. § 148 et seq.
(6)
The following statements shall be signed by the applicant:
(a)
The applicant is the owner, equitable owner or has an option
or conditional contract of sale on the land proposed to be subdivided
or developed, that no litigation or liens exist on or are pending
against the site, and that the plan has been processed with the applicant's
free consent.
(b)
The applicant certifies that he will properly grade all individual
lots to provide adequate surface drainage so that no low spots or
water pockets create a public nuisance and that he will place permanent
concrete reference monuments to grade as noted on the plan upon completion
of grading.
(c)
The applicant acknowledges that following approval of this plan,
plan changes may be required to address the comments and regulations
of outside agencies responsible to review any aspect of the project
reflected on this plan, including but not limited to post-construction
stormwater management and NPDES permit regulations. In the event of
changes to the plan following approval (whether or not the plan has
been recorded), the applicant shall submit the revised plan to the
Township for review before the applicant may move forward with construction
activities pursuant to the revised plan (whether or not the plan has
been recorded).
(7)
A note shall be provided on each plan to be recorded which indicates
that: "This plan has been reviewed by the Township staff and Township
Engineer for consistency with municipal regulations and ordinances
relating to land usage and dimensional requirements of zoning. Investigations
regarding peripheral land and plan issues which are not required as
part of a review process, such as clarity of title, subsurface conditions,
including, but not limited to, soil and water quality, karst geological
activity, and historic and archeological issues, or such other issues
(as appropriate) that may affect the merchantability of the land,
have not been investigated or reviewed by the Township or the Township
Engineer. The Township and Township Engineer make no representation
or warranty concerning these issues, which should be addressed by
qualified professionals, commissioned by the applicant and/or land
owner(s) as appropriate, and engaged in the appropriate field of practice.
Dimensions and geometry of the property boundary and any internal
lots and streets have been overviewed with respect to applicable ordinance
standards for mathematical completeness, clarity of depiction, consistency,
closure, and area (only). The research for and determination and location
of property lines, street rights-of-way, and other easements, etc.,
are the responsibility of the surveyor of record whose seal appears
on this plan, and have not been independently confirmed or verified
by the Township, the Township Engineer, or the Township Solicitor."
(8)
Site data, including:
(a)
Total acreage of tract.
(b)
Number of lots proposed and area in square feet or acres for
each lot.
(c)
Linear feet of new streets.
(d)
Type of water supply system.
(e)
Type of sewage disposal system.
(f)
Zoning district and dimensional requirements compared to the
applicant's proposal.
(g)
A statement of the intended use of all nonresidential lots and
parcels.
(h)
Parcel identification numbers from county records.
(9)
A location map for the purpose of locating the project site at a
scale of not more than 1,000 feet to the inch showing:
(a)
Relation of tract to adjoining property.
(b)
Related road and highway system within 1,000 feet of the subdivision
tract.
(c)
Municipal boundaries within 1,000 feet of the subdivision tract.
(d)
Zoning district boundaries within 1,000 feet of the subdivision
tract.
(e)
Watercourses and any other areas subject to flooding (flood
zone).
(10)
If the plan requires more than one standard size sheet, (i.e.,
24 inches by 36 inches), a key diagram illustrating the relative location
of the several sections shall be drawn on each sheet and "matchmarks"
shall be provided on each sheet.
(11)
North point near upper right-hand corner when practicable.
(12)
Graphic scale.
(13)
Boundary lines of zoning districts within the subdivision.
(14)
Boundaries of the tract showing bearings and distances and having
an error of closure not to exceed one foot in 10,000 feet. All bearings
and distances shall be indicated outside the boundary line, not inside
with the lot dimensions. When a plan is bounded with an irregular
shoreline of a body of water, the bearings and distances of a closing
intermediate traverse should be given and a notation made that the
plot includes all land to the water's edge or otherwise. The survey
should tie into the nearest United States Geological Survey monument
or other established benchmark, if feasible.
(15)
Existing and proposed contours at vertical intervals of two
feet or five feet, as required by the Township Engineer for the entire
tract to be subdivided or developed; contours on adjacent land within
400 feet of the tract plotted from U.S.G.S. Quadrangle Maps and at
contour intervals of 10 feet.
(16)
Datum to which contour elevations refer shall be tied to an
established vertical datum, preferably the North American Vertical
Datum of 1988 (NAVD88) and/or provide applicable conversions to this
datum. The benchmark should be shown on all applicable plans.
(17)
The names of owners of immediately adjacent land, and the names
of existing or proposed subdivisions immediately adjacent.
(18)
All existing watercourses, wetlands, bodies of water, floodplains,
significant tree masses and other significant features such as rock
outcrops, slag piles, quarry holes, springs, and swampy areas; all
trees over six inches in diameter at a height of 4.5 feet above adjacent
grade.
(19)
The location, size and owners of existing buildings, sewer mains,
water mains, culverts, storm sewers, petroleum or petroleum products
lines, gas lines, transmission lines including extent of right-of-way,
fire hydrants, underground tanks, wells, septic systems within 100
feet of the tract and other significant man-made features.
(20)
The location, character and elevation of any building within
100 feet of the tract.
(21)
The locations and widths of all sidewalks, trails, driveways,
streets, easements, and rights-of-way platted or existing within the
subdivision and within 400 feet of any part of the subdivision tract.
If the tract is traversed or bisected by a municipal boundary, the
boundary to be shown on the plans shall be as depicted on the tax
maps unless another boundary has been accepted by both municipalities.
(22)
Soil types and mapped limits shall be identified on the plans.
(23)
Location of proposed water and sanitary sewer services shall
be shown on the plan.
(24)
Evidence that safe sight distance measurement in accordance
with the PennDOT requirements can be met at potential nonresidential
driveway location(s).
(25)
Location and dimensions in feet and hundredths of a foot of
all proposed streets, alleys, rights-of-way, curblines, sidewalks,
easements, and lot lines.
(26)
Location and dimensions of all easements and lots proposed to
be dedicated or reserved for public use with dimensions in feet and
hundredths of a foot.
(29)
The applicable setback along all street, side and rear property
lines.
(30)
Names of streets within and adjacent to the subdivision shall
be shown.
(31)
Plan and profile drawings of proposed streets which show existing
and proposed grades and which are prepared according to Township standard
format.
(32)
Typical cross-sections of street rights-of-way.
(33)
Plan and profile drawings of proposed water distribution system,
sanitary sewerage system, and storm sewerage system prepared according
to Township standard format.
(34)
Sanitary sewerage system plans and profiles, water distribution
system, and storm sewerage system, plans and profiles shall be drawn
at a horizontal scale of one inch equals 50 feet and a vertical scale
of one inch equals 10 feet, and the plan and its respective profile
shall be on the same sheet.
(35)
Sequential staging of planned development within the subdivision
and for the entire tract on which the subdivision is located. In the
case where there is more than one tract contiguously arranged under
the same ownership as the subdivision, and of which the subdivision
is a part, the staging of planned development shall be shown for all
such contiguously arranged tracts. A sketch plan shall be submitted
of the prospective street layout for these tracts.
(36)
Landscape plan. The plan will show clear sight triangles, overhead and underground utilities, streetlights, fire hydrants, existing vegetative cover intended to remain after development and proposed new vegetative cover. The plan will address the requirements of § 312-40 of these regulations and of the South Whitehall Township Zoning Ordinance.[4] Significant tree masses and all trees over six inches
in diameter and 4.5 feet in height above grade, if sparsely scattered,
should be shown.
(37)
Lighting plan. A lighting plan shall be submitted which addresses the requirements of § 312-41A(1) of these regulations.
(38)
Drainage patterns map: a map illustrating an analysis of natural
drainage patterns and water resources within the proposed subdivision
or land development tract, including delineation of streams, natural
drainage swales, ponds and lakes, wetlands, floodplains, permanent
and seasonal high-water table areas, and springs. Existing storm sewers,
culverts, and drainage easements should also be shown.
(39)
A plan for minimizing soil erosion and sedimentation in accordance with § 312-39E of these regulations shall be submitted.
(40)
The applicant shall submit a project narrative that describes
the proposal. This written statement shall identify the zoning district
within which the subject property is located, the names and ownership
(Township, PennDOT, or private) of the frontage streets, the parcel
owner name, the applicant name, the existing and proposed uses of
the tract, the area of the existing lot, the number of proposed lots,
the proposed areas of the lots, the size of the proposed building,
the number of proposed parking spaces, the existing and proposed types
of water service and sanitary sewage disposal, the proposed types
of stormwater best management practices and any nearby historic sites.
(41)
A zoning plan showing historical zoning relief, and all zoning requirements, such as, but not limited to, existing and proposed use, lot area, road frontage and setbacks, road centerline, legal and ultimate rights-of-way, impervious surface amounts/lot coverage, buffer strips, driveway separation distances between driveways and intersections of public streets, parking lot illumination, proposed and required parking criteria, and anything pertinent to § 350-42.
[Amended 3-20-2019 by Ord. No. 1043]
(42)
Other information which may be required by the Township Engineer
or Township Planning Commission in accordance with this chapter or
other applicable laws or regulations.
A.
Submission. The final plan is required for all major plans and shall
be prepared for the entire subdivision or, in the case where staging
of development is planned, the final plan may be prepared for the
initial stage of development or for subsequent stages of development,
provided that such stages of development had been approved by the
Township Board of Commissioners as part of the preliminary plan.
(1)
Final plans shall be submitted for approval within 12 months of the
date a preliminary plan has been approved by the Township Board of
Commissioners. No final plan submission can be accepted which has
exceeded this time period. An extension of time may be granted by
the Township Board of Commissioners upon written request. Plans submitted
for which preliminary plan approval was given more than 12 months
prior to the day of final plan submission and for which no time extension
had been granted may be considered by the Township Planning Commission
as a new preliminary plan.
B.
Department of Community Development action.
(1)
The Department of Community Development shall issue a receipt for the final plan submission after the Department has determined that the submission includes the required plans and documents as specified in § 312-14. An application for final plan review shall be rejected if the required materials have not been submitted.
(2)
After issuing a submission receipt, the Department of Community Development
shall:
(a)
Transmit one print of the plan to each municipality in which
the subdivision is located or is adjoining for review and comment.
(b)
Transmit three prints of the plan and one copy of all supporting
documents to the Township Engineer for his review and comments.
(c)
Transmit one print of the plan to the Township Zoning Officer
for his review and comments.
(d)
Transmit one print of the plan to the Township Fire Inspector
for review and comment.
(e)
Transmit one print to the Public Works Department for review
and comment.
(3)
The Department of Community Development shall refer the final plan,
the supporting documents, and any review comments of the reviewing
bodies to the Township Planning Commission and shall place the final
plan approval request on the agenda of the next regularly scheduled
meeting of the Planning Commission, provided that the applicant has
submitted a complete application prior to the submission deadline
for the next Planning Commission meeting.
(4)
The Department of Community Development shall notify the applicant
of the scheduled Township Planning Commission meeting and the need
for said applicant to be represented at said meeting in order to formally
present his plans to the Planning Commission and to answer any questions
raised by the Commission members.
C.
Public notification by Township.
(1)
The Township shall make every reasonable attempt to publish a public
notice in a newspaper of general circulation in the Township once
each week for two successive weeks. The first publication shall not
be more than 30 days and the second publication shall not be less
than seven days from the date of the Planning Commission hearing.
Such notice shall state:
(a)
The time, location, and date of the scheduled Township Planning
Commission meeting.
(b)
The location of the subdivision.
(c)
The proposed land use of the subdivision.
(d)
The total acreage of the subdivision and the number and range
in size of the individual lots, if applicable.
(e)
That a copy of the plan may be inspected in the Department of
Community Development office.
(2)
Not less than 10 days prior to the scheduled Township Planning Commission meeting, the Township shall make every reasonable attempt to give notice by first-class mail to all property owners as shown on the most recent tax records to be holding title to property within 300 feet of any boundary of the subdivision. The notice shall include the information required by § 312-13C(1) to be included in the published public notice.
D.
Township Planning Commission action. The Township Planning Commission
shall review the final plan and shall report on the plan, in writing,
to the Township Board of Commissioners, and to the applicant, recommending
approval, conditional approval, or disapproval and specifying the
section of these regulations applicable in the event of conditional
approval or disapproval. The Planning Commission shall consider the
provisions of 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 when reviewing subdivision and land developments.
The Planning Commission shall also consider the comments submitted
by the Township Engineer and any other Township consultants, agencies,
bodies, commissions, boards, committees, etc., where applicable. The
Planning Commission shall make recommendations to the Board of Commissioners
concerning the application, effect, modification or waiver of the
provisions of this chapter and any other applicable ordinances, resolutions,
regulations, and policies on subdivision and land development applications.
(1)
Except where an extension of time is granted to the Township in writing
by the applicant, on a form provided by the Township, the Planning
Commission shall communicate its comments and recommendations to the
Board of Commissioners in advance of the last scheduled meeting of
the Board prior to the expiration of the review period set by applicable
law for decisionmaking. Failure of the Planning Commission to communicate
its recommendations to the Board of Commissioners within the prescribed
time frame shall not affect the status of the final plan application
nor cause any extension of the applicable review period.
(2)
The Township Planning Commission shall endorse an approved final
plan as follows:
|
Recommended for Approval
|
____________
Date
|
by the South Whitehall Township Planning Commission
|
|
______________________________
|
_______________________________
| |
|
Chairman's Signature
|
Secretary's Signature
| |
E.
Township Board of Commissioners action. The Township Commissioners
shall review the recommendations of the Planning Commission and shall
act on the final plan, stating its approval, conditional approval,
or disapproval, giving reasons for each 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. The Township
Board of Commissioners shall endorse an approved final plan as follows:
|
Approved
|
___________________
Date
|
by the Board of Commissioners of the Township of South Whitehall.
|
|
_______________________
|
________________
| |
|
President
|
Secretary
| |
|
_______________________
| ||
|
Township Engineer
| ||
(1)
The decision of the Board of Commissioners shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the date
of the decision.
(a)
When the application is not approved in terms as filed, the
decision shall specify the defect found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute, ordinance, resolution, regulation
and/or policy relied upon.
(b)
When the application is proposed to be approved with conditions,
prior to the meeting at which the Board of Commissioners 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 Commissioners takes action on the final plan application,
the applicant shall either a) execute the acceptance of conditions
form as presented by the Township indicating the applicant's acceptance
of all proposed conditions or b) indicate in writing that the conditions
are not acceptable and specifically identify which conditions are
not acceptable to the applicant.
(2)
The Township shall notify in writing the Superintendent of the school
district about any plan for a residential development (which for purposes
of this section only will include apartments) that was finally approved
by the Township during the preceding month. The notice shall include,
but not be limited to, the location of the development, the number
and types of units to be included in the development and the expected
construction schedule of the development that was provided to the
Township by the applicant.
F.
Recording approved plan. The approved final plan bearing the signatures
of the applicant and his technical staff, the Township Engineer, the
Township Planning Commission, the Township Board of Commissioners,
and the Lehigh Valley Planning Commission shall be filed by the property
owner in the office of the Lehigh County Recorder of Deeds within
90 days of the later of the date of approval by the Board of Commissioners
if the plan is approved without conditions or the date of delivery
of an approved plan bearing the signatures of the applicant and his
technical staff following satisfaction of all conditions imposed on
the approval. Notwithstanding the foregoing, where the final plan
is approved with conditions, the applicant shall satisfy all such
conditions of the final plan approval, and the final plan shall be
recorded within 12 months of date of the conditional final plan approval
by the Board of Commissioners, and if such conditions are not so satisfied,
the conditional final plan approval shall be considered void without
further action of the Township, and the application for final plan
approval shall be considered void and withdrawn unless an extension
is approved by the Township Board of Commissioners.
(1)
Once recorded, the applicant shall submit to the Department of Community
Development:
(a)
A receipt indicating that the plan has been properly recorded.
(b)
One permanent reproducible tracing acceptable to the Department
of Community Development and three clear and legible white paper prints
of the plan as recorded.
(c)
Copies of all plans in Environmental Systems Research Institute
(Esri) ArcGIS format and Portable Document Format (PDF).
(2)
Failure of the property owner to file the approved plan within this time period will automatically revoke any and all approvals of the plan, and the applicant shall resubmit the plan pursuant to § 312-13.
(3)
Building permits shall not be issued for the subdivision until the
receipt from the office of the Lehigh County Recorder of Deeds has
been submitted to the Department of Community Development.
A.
Submission requirements. Final plan submission of a major plan shall
comprise the following:
(1)
Plan: 10 clear and legible white paper prints of the final plan.
(2)
Application form. The original application form shall be updated
and signed by the applicant at the time the final plan is submitted.
(3)
Appropriate fees. A review fee and an escrow fund shall be submitted
in an amount established by resolution by the Township Board of Commissioners.
(4)
Two copies of the deed(s) for the subject property, any easements,
a reference to the recorded subdivision plan (by Township file number
or plan name) that created the lot(s), and any zoning decisions or
other recorded documents that might affect the proposed subdivision.
(5)
The applicant shall submit, concurrently with the paper copies of
the above, digital copies of all documents, including plans, reports,
letters, applications, agreements, deeds and other supporting documents
in Portable Document Format (PDF). This may be accomplished via electronic
mail, compact disc or a download service, as prearranged with the
Department of Community Development.
(6)
The applicant shall transmit one print of the plan to the Lehigh
Valley Planning Commission for its review and comment and submit proof
of transmittal to the Township.
(7)
The applicant shall transmit one print of the plan to the district
office of the Pennsylvania Department of Transportation for its review
and comments if the proposed subdivision abuts or is traversed by
a state highway or affects the storm drainage of a state highway and
submit proof of transmittal to the Township.
(8)
The applicant shall transmit one print of the plan and one copy of
all appropriate supporting documents to the Pennsylvania Department
of Environmental Protection for its review and comments and submit
proof of transmittal to the Township.
(9)
The applicant shall transmit one print of the plan and one copy of
the soil erosion and sedimentation control plan, if applicable, to
the representative for the Lehigh County Conservation District and
submit proof of transmittal to the Township.
(10)
The applicant shall transmit one copy to Lehigh and Northampton
Transportation Authority (LANTA) and submit proof of transmittal to
the Township.
(11)
If the development contains more than five residential units,
the applicant shall transmit one copy to the school district in which
the project is located and submit proof of transmittal to the Township.
(12)
Additional information requested by the Township Engineer or
Township Planning Commission pursuant to this chapter or other applicable
laws or regulations during the preliminary plan review process shall
be submitted with the final plan.
B.
Drawing requirements. The submitted final plan shall conform to the drawing requirements as specified in § 312-12B. In addition, the final plan shall be in accordance with and show the following:
(1)
The plan(s) to be recorded shall include an index referencing each
plan sheet in the plan set bearing the date and last revision date
of each plan sheet. Each plan proposed to be recorded shall be identified
in the index.
(2)
The following statements shall be signed and notarized by the applicant:
(a)
The applicant is the owner, equitable owner or has an option
or conditional contract of sale on the land proposed to be subdivided
or developed, that no litigation or liens exist on or are pending
against the site, that the plan has been processed with the applicant's
free consent and that the applicant desires to record the plan.
(b)
The applicant certifies that he will properly grade all individual
lots to provide adequate surface drainage so that no low spots or
water pockets create a public nuisance and that he will place permanent
concrete reference monuments to grade as noted on the plan upon completion
of grading.
(c)
The applicant acknowledges that following approval of this plan,
plan changes may be required to address the comments and regulations
of outside agencies responsible to review any aspect of the project
reflected on this plan, including but not limited to post-construction
stormwater management and NPDES permit regulations. In the event of
changes to the plan following approval (whether or not the plan has
been recorded), the applicant shall submit the revised plan to the
Township for review before the applicant may move forward with construction
activities pursuant to the revised plan (whether or not the plan has
been recorded).
(3)
Sufficient data to determine readily the location, bearing, and length
of every street, lot and boundary line and to reproduce such lines
upon the ground, including a survey tie-in to the three nearest established
street monuments.
(4)
For curved boundaries and all curves on the plan, sufficient data
should be given to enable the re-establishment of the following curves.
The curve data should include the following:
(5)
Excepted parcels shall be marked "not included in this plat" and
the boundary completely indicated by bearings and distances.
(6)
Officially established house numbers for street addresses as assigned
by the Department of Community Development.
(7)
The date must be shown on which all required public improvements
within the subdivision tract or within the section of the subdivision
under consideration for final approval are to be completed.
(8)
Any additional information requested by the Township Engineer or
Township Planning Commission during the preliminary plan review process
shall be submitted with the final plan.
A.
Submission requirements. Simultaneous with the conveyance of the
respective subdivision improvements, the applicant shall be required
to provide one Mylar reproducible plan and three white background
prints and digital copies of all documents in in Environmental Systems
Research Institute (Esri) ArcGIS format and Portable Document Format
(PDF) of the as-built final plan.
(1)
Prior to submitting these plans, one print of the record plan(s)
shall be submitted to the Township Engineer for review and approval.
(2)
The location of improvements and other data on the as-built final plan shall be in conformity with the requirements of § 312-14B et seq. of these regulations. All construction changes shall be noted by drawing a line through the design data and showing the record data adjacent thereto. The following specific information shall also be noted:
(a)
Water distribution system: stationing of each gate valve, bend,
tee, cross, plug, and lateral. Each curb stop and valve box shall
be stationed and defined with a reference tie when necessary. The
location of the water main with respect to the street center line
or utility easement line shall be shown and dimensioned.
(b)
Sanitary sewerage system: depth, length, and station of each
lateral. In the case of skewed laterals, an additional reference tie
shall be provided. Stationing shall be based on the commonly accepted
practice of using Station 0+00 for the nearest downstream manhole.
(c)
Storm sewerage system: invert elevations, sewer lengths, slopes,
pipe diameters, and types. The final approved post-construction stormwater
management plan shall be submitted to the Community Development Department,
the Public Works Department, and the Township Engineer's office.
(d)
Roads: as-built curb and/or pavement grades for intersections.
Any significant deviations in the center line profile shall be noted
on the plan.
Any subdivision for which all the required subdivision improvements
have not been substantially completed within five years from the date
the subdivision plans were given preliminary plan approval by the
Board of Commissioners shall be subject to all amendments to Township
ordinances, resolutions, regulations and/or policies. If preliminary
approval did not precede final approval for any given plan, said five-year
period shall be measured from the date of the final approval. The
Board of Commissioners shall require the applicant to amend the final
subdivision plans to conform to the standards and the required improvements
of the amended ordinances, resolutions, regulations and/or policies
which govern development in the Township, including but not limited
to the subdivision regulations and zoning and PRD ordinances.
