Township of Palmer, PA Preliminary Plan

Preliminary plan submission required.

A preliminary plan submission for a major subdivision or land development [except as provided in Subsection A(2) below] meeting all of the requirements of this Article shall be filed by the applicant and reviewed in accordance with the provisions of this Article.

(2)

A preliminary plan submission is not required for:

(a)

A minor subdivision (See limitations in § 165-40A.)

(b)

A submission that only involves a lot line adjustment or what the Township determines to be minor revisions to an approved plan. (See Article VII.)

(c)

A land development involving only one principal nonresidential building (other than a shopping center) or not more than three new dwelling units.

(3)

The applicant should make an appointment with the Plans Administrator to submit the plans.

Required submission.

(1)

The applicant shall file with the staff at least 21 calendar days* prior to a regular Planning Commission meeting (not including a workshop meeting), except that such filing shall be made a minimum of 28 days prior to such meeting if the plans involve more than 50 dwelling units:

(a)

The required fees.

(b)

The forms, information and plans required under § 165-33.

*NOTE: Revisions to a plan actively under review shall be submitted by the applicant to the Township and the Township Engineer a minimum of 21 calendar days prior to a Planning Commission meeting at which such plan will be considered, except for an adjustment that the Plans Administrator determines to include only a minor correction or addition of a notation which may be submitted five days prior to a Planning Commission meeting. Revisions to a plan actively under review shall be submitted by the applicant to the Township and the Township Engineer a minimum of 14 calendar days prior to the Board of Supervisors meeting at which the plan is intended to be voted upon.

(2)

Applicant's distribution. The applicant is fully responsible for the following:

(a)

Contacting the appropriate utility companies, as appropriate, including the water and sewerage supplier, as applicable.

(b)

Encouraged to seek at least an informal review by PennDOT of any new proposed access(es) 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 DER (such as any obstruction of 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 its required review fees, if any earth disturbance is proposed.

(e)

Providing a copy of the plans to the Joint Planning Commission, with a JPC application form and the JPC's review fee, and then providing the Township with a copy of the receipt from the JPC within five days after submittal to the Township.

(3)

Each preliminary plan and supporting documents should seek to incorporate any revisions recommended by the Planning Commission, the Township Engineer and other appropriate Township officials during any sketch plan review.

(4)

Colored layout plan. It is recommended that the applicant provide one copy of the layout plan that is lightly colored to allow clear understanding by the general public at public meetings.

(5)

Revisions. A detailed list of revisions from a previously submitted plan shall be provided whenever a revised plan is submitted.

Initial actions by the Township staff; zoning variances.

(1)

Any submittal to the Township staff under this ordinance shall automatically be considered to be submitted under the condition that the Planning Commission shall have the authority at its next regular meeting to determine whether the submission is significantly complete and should be officially accepted.

(2)

The Township staff shall forward applicable plans to the following agencies to seek their comments prior to preliminary plan approval:

(a)

Sewage Enforcement Officer (if on-lot septic systems are proposed).

(b)

Township Police Chief and Fire Commissioner (layout and utility plan, if deemed appropriate by the Planning Commission or Township staff).

[Amended 8-21-2006 by Ord. No. 2006-365]

(c)

The appropriate Township staff (including one complete file copy of all materials submitted by the applicant).

(d)

Township Engineer, with the plans provided prior to the next regularly scheduled Planning Commission meeting.

(e)

The Township Recreation Commission (layout, natural features and grading plans only).

(f)

The Township Planning Commission, (including copies of the application form, at least one copy of the preliminary plan checklist, several copies of the preliminary plan and at least one copy of the supporting documents) with such information provided prior to or at the first regularly scheduled Planning Commission meeting after a proper submission.

(g)

The Township Shade Tree Commission (layout and landscaping plans only).

(3)

Adjacent municipalities. If any portion of a major subdivision or land development is proposed within 200 feet of the boundary of another municipality or would clearly have a regional impact upon another municipality as determined by the Township staff, then the staff should provide a copy of the layout plan to that municipality for an advisory review.

(4)

Zoning variances.

(a)

A preliminary or final plan application under the Subdivision and Land Development Ordinance shall not be officially accepted for the purposes of the time limits under the Pennsylvania Municipalities Planning Code[1] if any aspect of the plan does not comply with the Township Zoning Ordinance. After any applicable zoning variances that affect the subdivision or land development plan have been granted, then the applicant may make a formal submittal under this ordinance. This limitation shall not apply to modifications permitted to be granted by the Board of Supervisors for a planned residential development (PRD).

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

(b)

An applicant is encouraged to request an advisory sketch plan review by the Planning Commission prior to the granting of a variance that directly impacts upon the layout of the site. However, such submittal and review shall not be considered an official submittal for the purposes of the ninety-day time limit on plan approvals.

(c)

A subdivision or land development review and approval shall not be delayed because of a court appeal of a zoning variance granted to an applicant. However, the Township may establish as a condition of Township approval that the appeal needs to be resolved in a manner that is consistent with the approved plan.

Review by Township Engineer.

(1)

The Township Engineer should review the engineering considerations of a duly submitted preliminary plan and prepare an initial report on such considerations to the Commission.

(2)

The Township Engineer may make additional reports and recommendations to the Commission and the Board of Supervisors during review of the plan. Policy matters that should be dealt with directly by the Planning Commission and/or the Board of Supervisors should be listed separately from technical engineering considerations. These policy concerns should be made available to the Planning Commission at least four days prior to each meeting, when possible.

(3)

The applicant and/or his/her engineer shall make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings. The Township Engineer may require the applicant or his/her engineer to meet with him/her for this purpose.

(4)

A copy of findings of the Township Engineer should be sent or handed in person to the applicant or his/her representative.

(5)

Applicant's response to reviews. With any submittal of revised plans, the applicant and/or his/her representative shall also provide a cover letter that shall respond to all written comments of the Township Engineer and the Township staff. Such cover letter shall either state that all such comments were incorporated or shall state which comments were not incorporated. If the applicant and/or his/her representative disagrees with a review comment, such cover letter shall state the reasons why.

(6)

See § 165-32B(1) regarding deadlines for submittal of plan revisions prior to Planning Commission and Board of Supervisors meetings.

Review by Planning Commission.

(1)

Completeness.

(a)

The Plans Administrator and/or the Township Engineer shall review the submission items that were filed against the checklist for completeness. The Township and the Township Engineer may also begin a substantive review immediately after submittal. The applicant's escrow/review fees may be deposited and used after submittal.

(b)

Based upon such review, the Planning Commission shall have the authority to determine whether the submission is significantly incomplete. The Commission may accept numerous submittals in one motion or in separate motions. If the submittal is determined by the Commission to be significantly incomplete, the submittal shall be considered to have not been officially accepted by the Township. In such case, the filing and review fees shall be returned to the applicant, minus the cost of Township and consultant reviews up to that point in time. If the Commission does not make a motion on the matter, then the submittal shall be considered to be accepted.

(c)

Any determination that a plan is significantly incomplete shall occur at a meeting of the Planning Commission within 30 days after a duly filed submittal. If a submittal is not accepted, no further action is required by the Township, and no deemed approval shall occur.

(2)

The Planning Commission should, but is not required to, begin a substantive review of a submittal at the first meeting.

(3)

If the submission is accepted, the Planning Commission shall accomplish the following within the time limitations of the Pennsylvania Municipalities Planning Code[2] (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:

(a)

Review all applicable reports received from any official reviewing agencies.

(b)

Determine whether the preliminary plan submission meets the requirements of this ordinance and other applicable ordinances.

(c)

Recommend any revisions to the submission that are needed to comply with this ordinance or that would generally improve the plan.

(d)

Recommend approval, conditional approval or disapproval of the preliminary plan submission in a written report to the Board of Supervisors that specifies any recommended conditions for approval, identifies defects found in the application, describes requirements which have not been met and cites the provisions of the ordinance relied upon.

[2]

Editor's Note: See 53 P.S. § 10101 et seq.

(4)

See § 165-32B(1) regarding deadlines for submittal of plan revisions prior to Board of Supervisors action.

Review by Board of Supervisors. The Board of Supervisors shall:

(1)

Review the plans, the report 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 ordinance and other ordinances.

(3)

Approve or reject the preliminary plan submission within the time required by the Pennsylvania Municipalities Planning Code.[3] (As of 1993, this law requires: The Board of Supervisors to act not later than 90 days following the date of the first regular meeting of the Commission held after it 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 that no subdivision or land development shall be granted final approval until a report is received from the Joint Planning Commission or until the expiration of 30 days from the date the application was forwarded to the JPC.)

[3]

Editor's Note: See 53 P.S. § 10101 et seq.

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/her last known address not later than 15 days following the decision.

(2)

Approval of the preliminary plan submission shall constitute conditional approval of the subdivision or land development as to the character and intensity but shall not constitute approval of the final plan or 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)

Joint preliminary/final approval. At its sole discretion, if the preliminary plan submission meets all requirements for both preliminary and final plan approval, then the Board of Supervisors may grant a combined preliminary/final plan approval. In such case, a separate final plan submittal and approval will not be required.

Final plan submission deadline.

(1)

An applicant shall file a complete final plan within five years from the date of the approval of the preliminary plan by the Board of Supervisors, unless an extension in writing has been granted by the Board of Supervisors for good cause.

(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.

Development in stages. See § 165-36I.