Township of Palmer, PA Article VI Final Plan

§ 165-35 Applicability.

This Article lists the requirements for final plans for a major subdivision and for certain land developments. See the requirements of Article VII for a project that only involves a minor subdivision, a lot line adjustment, what the Township determines to be only minor corrections or minor revisions to an approved plan or a land development involving only a single nonresidential building (other than a shopping center) and three or less dwelling units.

§ 165-36 Submission and review procedure.

A. Final plan submission required.

(1) A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this Article VI.

(2) A final plan shall only be submitted after a preliminary plan has been approved by the Board of Supervisors, if a preliminary plan is required, except:

(a) If a preliminary plan submittal has been recommended for approval by the Planning Commission and the plan is actively awaiting action by the Board of Supervisors and no outstanding conditions exist other than any needed approvals or permits by outside agencies, then the applicant may submit a final plan for review. Such final plan shall not be considered by the Planning Commission at a meeting until the preliminary plan has been approved by the Board of Supervisors. Such final plan submittal shall be at the risk of the applicant. If the preliminary plan is rejected by the Board of Supervisors, such final plan submittal shall immediately become null and void.

B. Final plan submission deadline.

(1) An applicant shall file a final plan submission 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.

(2) Failure to comply with this requirement shall render the preliminary plan submission null and void, and a new preliminary plan submission must be filed.

C. Filing and distribution.

(1) The applicant shall file with the Township staff at least 21 days* prior to a regular Planning Commission meeting (not including workshop meetings) all of the required plans, information and fees listed and referenced in § 165-37 of this ordinance. (*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. It is the applicant's responsibility to:

(a) Make agreements with the appropriate utility companies.

(b) Provide information to PennDOT that is required for any needed permit for access to or work within a state road right-of-way.

(c) Provide information to DER or other agencies for any permits that might be required.

(d) Submit a copy of the soil erosion and sedimentation plan to the County Conservation District and pay its required review fees, if earth disturbance is proposed and if such erosion control plan was not approved at the preliminary plan level.

(e) Provide a copy of the plans to the Joint Planning Commission.

(3) The filing of the final plan shall conform with the approved preliminary plan and any conditions and changes recommended by the Township during the preliminary plan review.

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

(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 Subsection C(1) regarding deadlines for submittal of plan revisions prior to Planning Commission and Board of Supervisors meetings.

D. Initial actions by the Township staff.

(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 final plan approval:

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

(b) Township Engineer, provided prior to the next regularly scheduled Planning Commission meeting.

(c) Township Police Chief and Fire Commissioner (layout and utility plan, if not reviewed at the preliminary plan level and if deemed appropriate by the Planning Commission or Township staff).

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

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

(e) 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 at or before the next regular meeting of the Commission.

(f) The Township Recreation Commission and Shade Tree Commission (layout and landscaping plans if deemed appropriate by the Township staff).

(3) Zoning variances. See § 165-32C.

E. Review by Township Engineer.

(1) Within 30 days from the date the plans are duly submitted for review (unless granted an extension by the Commission or unless the Township Engineer believes the plans are severely incomplete), the Township Engineer should review the engineering considerations of the 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. 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.

(3) The applicant and/or his/her plan preparer 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 plan preparer to meet with the Township Engineer 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.

F. 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 all 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) Consistency with preliminary plan. If the Commission determines that a final plan submission, as filed, departs substantially from the approved preliminary plan, the Commission may classify the submission as a revised preliminary plan (with the applicable review fees required) and process the application as such.

(3) If the submission is accepted, the Planning Commission shall accomplish the following within the time limitations of the Pennsylvania Municipalities Planning Code[1] (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) The Commission shall review applicable reports received from official review agencies.

(b) The Commission shall determine whether the final plan submission meets the requirements of this ordinance and may consider other applicable ordinances.

(c) The Commission may recommend some/all of any needed revisions needed for the submission to conform to this ordinance or that would generally improve the plan.

(d) The Commission shall recommend approval, conditional approval or disapproval of the final plan submission in a written report to the Board of Supervisors that specifies any recommended conditions for approval, identifies defects found by the application, describes requirements which have not been met and cites the provisions of the ordinance relied upon.

(e) The Commission's report should be mailed to the last known address or handed to the applicant or his/her representative.

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

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

(1) Review the report of the Commission and any reports received from any official reviewing agencies.

(2) Determine whether the final plan submission meets the requirements of this ordinance and other applicable ordinances.

(3) Approve, conditionally approve or reject the final plan submission within the time required by the Municipalities Planning Code.[2] (As of 2000, state law requires the Board of Supervisors shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed or after a final order of court remanding the application, provided that should the next regular meeting occur more than 30 days following the filing of the application or the final order of court, said ninety-day period shall be measured from the 30th day following the day the application has been filed. An applicant may always grant a written extension to the Township extending the ninety-day period.)

[Amended 2-19-2001 by Ord. No. 2001-298]

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

H. Decision by Board of Supervisors.

(1) Notice to applicant. The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him/her at his/her last known address not later than 15 days following the decision.

(2) Dedications.

(a) The approval of the final plan by the Board of Supervisors shall not by itself constitute an acceptance of the dedication of any street or other proposed public way, space or area, unless the such acceptance is specified at such time.

(b) Any such acceptance of dedication shall only occur after formal action of the Township at such time.

(c) As part of an improvements agreement, if the Board of Supervisors elects to accept lands offered for dedication, the submission shall be accompanied by duly executed instruments of conveyance to the Township. Such instruments shall state that the title thereof is free and unencumbered.

(3) Disapproval. When a final plan submission is disapproved, the decision shall specify defects found in the submission, shall describe requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon in each case.

(4) Conditions. The Board of Supervisors may attach reasonable conditions to a subdivision or land development approval to ensure the carrying out of the Comprehensive Plan, this ordinance, other Township ordinances and state laws and regulations.

I. Development in stages.

(1) If requested by the applicant, the Board of Supervisors may permit the undertaking of the required improvements and the preparation of the final plan to be completed in a series of sections or stages, each covering a portion of the proposed subdivision or land development as shown on the preliminary plan. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan for said subdivision/land development previously approved by the Board of Supervisors. Further, the developer must submit a staging plan for said phased development to be approved by the Township at the time of preliminary plan approval.

[Amended 11-26-2002 by Ord. No. 2002-328]

(2) If final plans are to be filed in sections or stages, each section or stage shall provide sufficient access, utilities and amenities to allow the development to properly function if future stages are not built.

(3) The boundaries of phases and the timing of related improvements shall be subject to the approval of the Board of Supervisors.

J. Statement of approval. If requested by the applicant, the Township shall furnish the applicant with a signed copy of a resolution indicating approval of the applicant's final plan contingent upon the applicant obtaining a satisfactory financial security. However, such statement shall not cause Township officials to sign the plan, until after a satisfactory financial security is presented. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within time limits established by this ordinance.

§ 165-37 Final plan requirements.

A. Applicability of final plan.

(1) All of the information and materials listed in this section[1] are required to be submitted by the applicant as part of all final plans for:

(a) A major subdivision.

(b) A land development involving two or more nonresidential principal buildings or four or more new dwelling units.

(c) A shopping center (as defined by the Zoning Ordinance).

(d) Any minor subdivision required to be treated as a major subdivision under § 165-40A.

[1] Editor's Note: The Final Plan for Major Subdivision or Land Development Checklist and List of Submittal Requirements is included at the end of this chapter.

(2) This list of requirements in this section shall serve as both:

(a) A list of requirements; and

(b) As a checklist for the applicant and the Township to ensure completeness of submissions.

(3) For a final plan submittal, the applicant shall submit completed photocopies of:

(a) The list of requirements in this section for a final plan.

(b) The list of requirements in § 165-33 for a preliminary plan.

B. The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable.

§ 165-38 Certification.

All certification shall comply with the state professional licensing laws. All subdivisions of land shall be certified and stamped by a registered land surveyor, as required by state law.