Township of Palmer, PA Article VII Minor Subdivisions and Lot Line Adjustments

§ 165-39 Purpose.

This Article provides simplified procedures for submitting and reviewing minor subdivisions, land developments involving only a single nonresidential building and lot line adjustments.

§ 165-40 Submission and review procedure.

A. Final plan submission required. A final plan submission meeting the submission and review procedures of this Article VII shall apply for any of the following:

(1) Minor subdivisions (as defined in Article II), except as follows:

(a) From the same parent tract in any five-year period, the minor subdivision approval process shall not be used to create a total of more than two new lots. If any additional new lot(s) are proposed within such five-year period, then such additional lots shall be required to meet the submittal and approval requirements for a major subdivision.

(2) Lot line adjustments.

(3) Annexations of one lot onto an existing lot, not involving the construction of more than one principal nonresidential building.

(4) Land developments involving only a single nonresidential building (other than a shopping center) and which involve a maximum of three new dwelling units.

(5) What the Township determines to be minor revisions of approved plans under § 165-42.

B. Required submission.

(1) The applicant shall file with the staff at least 21* days prior to a regularly scheduled Planning Commission meeting the required fee(s) and required number of copies of required plans and materials. (See § 165-41.) (*NOTE: 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 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) If a state road is involved, the applicant shall forward the required information to PennDOT and apply for a highway occupancy permit. If such permit is not granted prior to final plan approval, then it shall automatically be a condition of final plan approval, and the plans shall not be recorded until it is granted.

(3) Each final plan filed for minor subdivisions shall provide the information required by § 165-41. Plans for lot line adjustments shall provide the information required by § 165-42.

(4) The applicant shall provide a copy of the plans for review to the Joint Planning Commission. A soil erosion and sedimentation control plan shall be provided to the County Conservation District.

C. Initial actions by the staff.

(1) Any submittal to the Township shall automatically be considered to be conditionally accepted, based upon whether the Planning Commission determines that the submittal is significantly complete.

(2) The staff shall retain in the Commission's files one copy of all materials submitted by the applicant.

(3) If the submission is duly submitted and accepted, the staff shall forward to the Commission at or before the next regularly scheduled meeting of the Commission:

(a) Two copies of the application form.

(b) One copy of the final plan checklist.

(c) Several copies of the final plan.

(d) At least one copy of the supporting documents.

D. Zoning variances. An application under the Subdivision and Land Development Ordinance shall not be considered to be complete for the purposes of the ninety-day approval time limit if one or more zoning variances will be required for the subdivision or land development to legally occur as submitted until such time as the needed zoning variances have been granted by the Zoning Hearing Board.

E. Review by Township Engineer.

(1) Within 30 days from the date duly submitted the plan for review (unless granted an extension by the Commission), the Township Engineer should review the engineering considerations in the 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.

F. Review by Commission.

(1) Based upon staff reviews of the checklist, the Planning Commission shall have the authority to determine that a submittal is significant incomplete. If such determination is made, the Township shall be considered to not have accepted the submittal. In such case, the unexpended review fees shall be returned to the applicant, and no further action shall be required by the Township, and a deemed approval shall not occur.

(2) 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):

(a) Review all applicable reports received from the appropriate review agencies and officers.

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

(c) Review the final plan submission and recommend any needed revisions so that the submission will conform to this ordinance and other applicable ordinances.

(d) Recommend approval, conditional approval or disapproval of the final plan submission in an advisory report to the Board of Supervisors, specifying any recommended conditions for approval, identifying defects found in the application, describing requirements which have not been met and citing provisions of the ordinance or statute relied upon.

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

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

(1) Review any reports of the Commission and other official reviewing agencies.

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

(3) Approve or reject the final plan submission within the time required by the Municipalities Planning Code.[2] (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 duly filed for review, but in no case shall the decision of the Board of Supervisors 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.)

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

(4) Joint Planning Commission (JPC) review. No subdivision or land development shall be granted final approval until a report is received from the JPC or until the expiration of the maximum time limit established by the Pennsylvania Municipalities Planning Code.[3]

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

H. 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 mailed to him/her at the last known address not later than 15 days following the decision.

(2) Acceptance.

(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 such acceptance is specifically made at such time.

(b) Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.

(c) 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) If 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.

§ 165-41 Minor subdivision final plan requirements.

All of the following information and materials listed in this section[1] are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 165-42. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Township to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.

[1] Editor's Note: The Minor Subdivision Final Plan Checklist and List of Submittal Requirements are is included at the end of this chapter.

§ 165-42 Lot line adjustments, annexations and minor revisions of approved plans.

A. Applicability. The reduced submission requirements listed in this section shall apply, together with the procedural requirements of § 165-40, if either of the following apply:

(1) The proposal will meet the definition of a "lot line adjustment" (see Article II); and/or

(2) In the determination of the Township staff, which may be based upon the advice of the Township Engineer, the proposal will involve revisions to a previously approved plan and those revisions only involve changes in the supporting documentation or engineering details or to correct erroneous data or minor omissions concerning a plan previously granted final plan approval.

B. The following list[1] of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Township to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application. The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable.

[1] Editor's Note: The list and checklist are included at the end of this chapter.

C. Additional information. The Planning Commission may require that a plan under this section include the submission of specific additional information that would be required if the plan would be a final minor subdivision plan, if such specific information is necessary to determine compliance with this ordinance.

D. An annexation under this section shall be made part of the same lot with the same deed.

§ 165-43 Recording plans.

See Article IX.