(A) Preliminary plan submission required.
(1) A preliminary plan submission for a major subdivision or land development (except as provided in division (A)(2) below) meeting all of the requirements of this subchapter shall be filed by the applicant and reviewed in accordance with the provisions of this subchapter.
(a) A minor subdivision (as defined in § 154.031);
(c) A land development that involves only involves the addition of less than 3,000 square feet of building floor area on one lot without any additional dwelling units.
(B) Filing and distribution.
(1) (a) The applicant shall file with the township staff at least 19 calendar days prior to a regular Township Planning Commission meeting (not including a workshop meeting):
1. The required fees; and
2. Copies of the information and plans required under § 154.077.
(b) Any subsequent submittal of revised plans shall be submitted at least 19 calendar days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Planning Administrator, particularly when a revision only involves minor technical changes or corrections.
(c) When the township staff accepts a submittal for review, it is conditioned upon the Planning Commission determining that the submission is complete under division (C) below.
(2) The township staff shall forward applicable plans and documents to the Township Planning Commission prior to or at the first regularly scheduled Planning Commission meeting after a proper submission.
(3) Applicant’s distribution; the applicant is fully responsible for the following:
(a) Contacting the appropriate utility authorities/companies, as appropriate, including the water supplier to determine availability of service;
(b) Seeking at least an informal review by PennDOT of any proposed access onto a state road, and providing PennDOT with sufficient information for such a review;
(c) Determining whether any permits or approvals are needed from any agency outside of the township, including DEP (including any obstruction to a waterway) and the Army Corps of Engineers (including determining whether any “wetland” will be disturbed);
(d) Providing a copy of the sedimentation and erosion control plans to the County Conservation District, together with their required review fees, if any earth disturbance is proposed, unless the applicant states in writing in a signed letter to the township that earth disturbance will not occur until approval of the final plan (in which case the erosion control plan may be submitted at final plan stage);
(e) Adjacent municipalities: if any portion of a major subdivision or land development:
1. Is proposed within 200 feet of the boundary of another municipality; or
2. Would clearly have a regional impact upon another municipality as determined by the Township Planning Commission, then the applicant shall provide a copy of the layout plan to that municipality for an advisory review.
(f) Providing a copy of the plans and required fees to the Lehigh Valley Planning Commission;
(g) Providing copies and making submittals to the township and review agencies as required under Pennsylvania DEP’s sewage planning module process, if applicable; and
(h) Providing materials needed by the Sewage Enforcement Officer, if applicable.
(4) Notice to adjacent landowners.
(a) At the time of initial submittal of a preliminary plan for any land development or major subdivision, the applicant shall mail or deliver written notice of the proposal to all owners of property that is contiguous or directly across a road from the subject property. Such notice shall include the date, time and place of the first Planning Commission meeting at which the application is expected to be reviewed, with the phone number of the township building. Such notice shall include a brief description of the location of the proposed subdivision or land development, and state that copies of the proposal may be reviewed at the township building. The notice shall state that meetings of the township on the proposal are open to the public.
(b) The applicant or his or her agent shall provide a written and signed statement to certify that such notice was mailed or delivered.
(5) Each preliminary plan and supporting documents should seek to incorporate any revisions recommended by the Township and Lehigh Valley Planning Commissions, the Township Engineer and other appropriate township officials during any sketch plan review.
(6) Colored layout plan: it is suggested that the applicant provide one copy of the layout plan that is lightly colored to highlight major features (such as paving, trees, waterways, streets, wetlands and building locations if known) to allow clear understanding by the general public at public meetings.
(7) Revisions: a detailed list of revisions from a previously submitted plan shall be provided whenever a revised plan is submitted. The developer’s plan preparer shall certify that the list of revisions is complete.
(C) Review by Township Engineer.
(1) After the plans are duly submitted for review (unless the plans are significantly incomplete), the Township Engineer should review the engineering considerations of the preliminary plan and prepare a report on such considerations to the Planning Commission.
(2) The Township Engineer may make additional reports and recommendations to the Commission and the Board of Supervisors during review of the plan.
(3) The applicant and/or his or her engineer should make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings.
(4) A copy of findings of the Township Engineer should be sent or handed in person to the applicant or his or her representative.
(D) Review by Commission. The Planning Commission shall accomplish the following within the time limitations of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (unless the applicant grants a written time extension), while allowing a sufficient number of days within this deadline for a decision by the Board of Supervisors:
(1) Review applicable reports received from any official reviewing agencies;
(2) Provide a recommendation regarding whether the preliminary plan submission meets the requirements of this chapter and other applicable ordinances;
(3) Recommend any revisions to the submission that are needed to comply with this chapter or that would generally improve the plan; and
(4) Recommend approval, conditional approval or disapproval of the preliminary plan submission in writing to the Board of Supervisors.
(E) Review and action by Board of Supervisors. The Board of Supervisors shall:
(1) Review the recommendation of the Commission and any reports that have been received from reviewing agencies;
(2) Determine whether the preliminary plan submission meets the requirements of this chapter and other ordinances;
(3) Approve, conditionally approve or disapprove the preliminary plan submission within the time limits required by the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. As of adoption date of this chapter, this law requires:
(a) The Board of Supervisors to act not later than 90 days following the date of the first regular meeting of the Commission held after the preliminary plan has been properly filed for review; but in no case shall the Board of Supervisors’ decision be made later than 90 days following the date the submission was accepted as being filed for review, unless the applicant grants a written extension of time; and
(b) No subdivision or land development shall be granted final approval until a report is received from the County Planning Commission or until the expiration of 30 days from the date the application was forwarded to the County Planning Commission, whichever comes first.
(F) Decision by Board of Supervisors.
(1) The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or by mail at his or her last known address not later than 15 days following the decision.
(2) Approval of the preliminary plan submission shall constitute approval of the subdivision or land development as to the character and intensity, but shall not:
(a) Constitute approval of the final plan; or
(b) Authorize the sale of lots or construction of buildings.
(3) If the preliminary plan submission is disapproved, the decision shall: specify defects found in the submission; describe requirements which have not been met; and cite the provisions of the statute or ordinance relied upon in each case.
(4) At the discretion of the Board of Supervisors, the Board may grant combined preliminary/final plan approval if:
(a) The preliminary plan submission also meets all of the requirements of a final plan submission; and
(b) The Board determines that there are no significant outstanding matters regarding the plan.
(5) Acceptance of conditions.
(a) If conditions are placed upon an approval, it shall be the responsibility of the applicant or his or her authorized representative, in writing, to accept or reject the conditions within a maximum of 30 days after the date of the decision. If the applicant fails to accept or reject the conditions within such time period, then it shall be presumed that the applicant has accepted all of the conditions upon the approval. If the applicant rejects any condition within such time period, then the approval shall be rescinded, unless a decision of a court determines such condition was not valid.
(b) The applicant shall be required to show compliance with all the conditions upon the final plan approval within one year after the date of the decision by the Board of Supervisors, unless a written extension is granted by the Board of Supervisors.
(G) Final plan submission deadline.
(1) An applicant shall file a final plan within five years from the date of the approval of the preliminary plan by the Board of Supervisors.
(2) Failure to comply with this requirement shall render the preliminary plan null and void, and a new preliminary plan submission and approval shall be required.
(Ord. 127, passed 3-18-2010)