Allentown City Zoning Code
§ 28-5.2
Preliminary Approvals.
[Added 4-20-2021 by Ord. No. 03-2021]
a.
Site Plan.
1.
The developer seeking site plan approval shall submit an application for development accompanied by a site plan and such other information as is necessary for the Planning Board to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met in accordance with the provisions of § 28-7, Subdivision and Site Plan Procedures, and § 28-9, Subdivision and Site Plan Requirements and Details, of this chapter The site plan and any engineering and architectural plans and documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the site plan application for development is found to be incomplete, the developer shall be notified thereof within 45 days of the submission of such application, or it shall be deemed to be properly submitted as of the 46th day from the date of the filing of the application.
2.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a public hearing with or without notice, an amended application for development shall be submitted by the developer and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with the ordinance, grant preliminary site plan approval.
3.
Upon the submission to the administrative officer of the Borough of a complete application for a site plan for 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of each submission or filing of the complete application or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan of more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or filing of the complete application or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
4.
Notwithstanding the above, where the application requires other approval from the Planning Board in accordance with § 28.4.3g of this chapter, the time for approval shall be 95 days; and where the Planning Board has original jurisdiction pursuant to § 28-4.4b of this chapter, the time for approval shall be 120 days.
b.
Minor Subdivision.
1.
A developer seeking minor subdivision approval shall submit his applications and minor subdivision plats drawn in accordance with the applicable provisions of § 28-9, Subdivision and Site Plan Requirements and Details, of this chapter the administrative officer. Minor subdivision approval shall be deemed to be final approval of the subdivision, provided that the Planning Board may condition such approval on terms ensuring the provision of improvements pursuant to the applicable provisions of this section and § 28-7, Subdivision and Site Plan Procedures, of this chapter.
2.
Approval of a minor subdivision shall expire 190 days from the date of Borough approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed to be accepted for filing or recording shall be signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted to accept a plat not in conformity with the Map Filing Act, (P.L. 1960, c. 141), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of such Act.
3.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been properly recorded in the time period provided for in paragraph 2 above.
c.
Major Subdivision.
1.
A developer seeking major subdivision approval shall submit to the administrative officer the applications and plats provided for in this chapter and drawn in accordance with the provisions of § 28-7, Subdivision and Site Plan Procedures, and § 28-9, Subdivision and Site Plan Requirements and Details, of this chapter and such other information as is reasonably necessary for the Planning Board to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions pursuant to this chapter shall not be subject to this section. The plat and other engineering documents submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted.
2.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a public hearing with or without notice, an amended application for development shall be submitted by the developer and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed subdivision complies with this chapter, grant preliminary approval to the subdivision.
3.
Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or filing of a complete application or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or filing of a complete application or within such further time as may be consented to by the developer.
4.
Notwithstanding the above, where the application requires other approval from the Planning Board in accordance with § 28.4.3g of this chapter the time for approval shall be 95 days; and where the Planning Board has original jurisdiction pursuant to § 28-4.4b of this chapter, the time for approval shall be 120 days.
d.
Filing Regarding Improvements and Other Uses of Land. Upon the filing of an application for development for preliminary approval requiring on-site, on-tract, off-site or off-tract improvements, grants or conservation and preservation of open space and recreational areas to be installed by, planned, or provided for by the applicant pursuant to an ordinance of the Borough of Allentown, or as the necessity therefore is determined from the plans, documents and testimony submitted by the applicant to the Planning Board, the applicant shall submit a letter addressed to the Planning Board stating the applicant's proposed alternatives for the ultimate ownership of the installed improvements, grants, open space or recreational area. A copy of the letter shall be forwarded by the Planning Board to the Borough Council for their review and requirements. The Planning Board shall thereafter state in their resolution, based on the review and requirements established by the Borough Council the requirements of the Borough Council as to the ultimate beneficiaries of the specific improvements to be installed and specific land areas to be conserved, preserved or improved for recreational and open space purposes; which installed improvements and land areas are to be dedicated for public uses or purposes to the Borough of Allentown or other governmental and public agencies; and which installed improvements and land uses are to remain in individual, private or association ownership. Thereafter, any final plat or plan submitted for final approval shall contain wording specifically defining the installed improvements and land areas which are to be dedicated and those which are to remain in private ownership in accordance with the preliminary approval resolutions. Notwithstanding the above, approval of the final plats by the approving Planning Board shall not constitute an acceptance of proposed dedications until the performance and maintenance guarantees have been released pursuant to § 28-5.6 of this chapter.
e.
Optional Concept Plan Submission.
1.
The purpose of concept plan review is an informal discussion and review by the Board with the applicant, prior to the preparation of detailed plans and designs, to establish general guidelines for the proposed preliminary site plan so that the applicant may be informed of specific planning, design and engineering criteria which the Board deems necessary for compliance with the regulations applicable to the proposed development.
2.
Any applicant who is required to obtain site plan approval, as defined herein, may submit to the Board, for informal discussion, concept plan information, maps and other appropriate materials, for the purpose of determining applicability and general conformance of the proposed development or improvement to the standards and regulations applicable to the development. Such concept plan information, upon written request by the applicant, may be submitted at, or prior to, a regular meeting of the Board or at such other meetings and under such conditions as the Board may establish.
3.
No public hearing is required for the concept plan submission, although the Board may place the applicant's proposal on the agenda of a regularly scheduled meeting for public discussion.
