The Township Board of Commissioners may from time to time revise,
modify, or amend this chapter by appropriate action in accordance
with applicable law.
A. Proposals for an amendment to this chapter may be initiated by the
Board of Commissioners on its own motion, by the Planning Commission,
or by any owner of land within the Township, as follows:
(1) Proposals originated by the Board of Commissioners. 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 Commissioners 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 Commissioners
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.
No lot in a subdivision may be sold, no space or lot in a subdivision
may be leased, nor may any permit to erect, alter or repair any building
upon land in a subdivision be issued, and no building may be erected
in a subdivision, unless and until a final subdivision plan has been
approved and, where required, recorded, and unless and until the improvements
required by the Township Board of Commissioners in connection therewith
have either been constructed or guaranteed as hereinabove provided.
Where, owing to special conditions, a literal enforcement of this
provision would result in unnecessary hardship, the Township Board
of Commissioners may, in its sole and absolute discretion, modify
this requirement following referral to and recommendation of the Planning
Commission concerning the scope of such reasonable exception thereto
as will not be contrary to the public interest, and may permit the
sale of a lot, leasing of space, issuance of a permit, or erection
of a building, subject to conditions necessary to assure installation
of adequate streets and other public improvements.
No person who is employed by the Township in any activity affected
by these regulations and no person on the staff of any firm, organization
or agency representing the Township on any matter which is affected
by these regulations shall represent a developer of a major subdivision
within the Township.
Where this chapter imposes a greater restriction than imposed
or required by such other provisions of law, ordinance, resolution,
or regulation, or by such easements, covenants or agreements, the
provisions of this chapter shall control. Wherever the provisions
of other law or ordinance or regulations impose a greater restriction
than this chapter, the provisions of such other law or ordinance or
regulations shall control.
All other Township ordinances, resolutions and/or other regulations,
or any parts of Township ordinances, resolutions and/or other regulations
are hereby repealed insofar as they are inconsistent with the provisions
of this chapter. All other provisions of the ordinances, resolutions
and/or other regulations of the Township of South Whitehall, Lehigh
County, Pennsylvania, shall remain in full force and effect.
Pursuant to recommendations by the Township Engineer, the Township
Manager, or the Planning Commission, the Board of Commissioners may
require the developer to construct a higher quality pavement structure
for subdivision streets, a larger diameter storm sewer, sanitary sewer
or water transmission line, a larger capacity central water supply
and storage facility, or a larger capacity sewage treatment plant,
etc. 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.