Allentown City Zoning Code
§ 28-5.5
Final Approval.
[Added 4-20-2021 by Ord. No. 03-2021]
a.
Site Plans and Major Subdivisions.
1.
The Planning Board shall grant final approval, if the detailed drawings, plats, specifications and estimates of the applications for final approval conform to the standards established by this chapter, for final approval, the conditions of preliminary approval, and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law."
2.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the secretary as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats or site plans.
3.
Effect of final approval of site plan or major subdivision.
(a)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivisions the rights conferred by this section shall expire if the plat has not been duly recorded within the time period required by Statute. If the developer has followed the standards prescribed for final approval, and in the case of a subdivision, has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of up to one year each upon good cause being shown by the developer. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for any section granted final approval.
(b)
In the case of a subdivision or site plan for a planned development of 50 acres or more, or conventional subdivision or site plan for 150 acres or more, the Planning Board may extend the rights referred to in paragraph (a) of this subsection for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable, taking into consideration:
(1)
The number of dwelling units and nonresidential floor area permissible under final approval,
(2)
Economic conditions, and
(3)
The comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant upon good cause being shown an extension of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
4.
Notwithstanding anything above to the contrary, applications for extensions must be filed by the developer prior to the expiration of the term that is sought to be extended for the Planning Board to have jurisdiction.