The procedures set forth in this article shall
be followed by all applicants.
[Amended 10-10-1988 by Ord. No. 101; 3-22-2006 by Ord. No.
208]
The process of submitting, reviewing and approving
subdivision and land development site plans shall consist of three
phases: sketch plan phase (optional), preliminary plan phase and final
plan phase. Below is a description of each phase and its purpose in
the overall process:
A. Sketch plan phase.
(1) The sketch plan phase takes place prior to the submission of an application. Although not obligatory, it is strongly recommended that this phase not be bypassed. The provision of a sketch plan is particularly critical for those subdivisions that are required to use the four-step design process described in §
130-15.1 of this chapter. This phase provides the applicant with an opportunity to ask questions about such topics as interpretation of ordinance language, potential waiver and variance requests, and conceptual design issues. The sketch plan phase also provides the Township with an opportunity to become acquainted with the project and to express concerns that may surface about such issues as ordinance compliance and community impact. The chief value of this phase is that important design issues can be considered and clarified at the conceptual-design stage, before unnecessary drafting, design, engineering, and agency review funds are expended.
(2) It is strongly suggested that the sketch plan information outlined in §
130-32.3B be submitted to provide the opportunity for more constructive dialogue. However, presenting a fully designed and engineered site plan at the sketch plan phase would defeat the intended purpose of a preapplication review while the project is still in the conceptual stage.
B. Preliminary plan phase.
(1) The preliminary plan phase commences with the Township's acceptance of the applicant's submission of a subdivision or land development application and ends with the approval or disapproval of the plan by the Board of Supervisors. Between those two events is an iterative process in which a number of agencies review the plan and offer comments, the applicant responds to those comments and takes corrective action, and in some cases the revised plans are again subjected to agency review. The length of that review process depends chiefly upon two critical factors: First, whether the submitted plan is fully responsive to Township and other agency ordinances and requirements, and second, whether the information on the plan is accurate and complete. A plan that ignores ordinance requirements or lacks sufficient detail can be only partially reviewed and will result in delays while the information is sought and subsequent reviews are initiated. Conservation subdivision plans shall adhere to the four-step design process outlined in §
130-15.1 and the design guidelines in Appendix A.
(2) If the Board of Supervisors grants preliminary approval,
the basic lot, road and open space layout shall become fixed. Subsequently
only minor changes, such as adding design details, shall be made to
the plan. If a change in design concept is proposed after the granting
of preliminary approval, the plan shall be resubmitted as a preliminary
plan.
C. Final plan phase.
(1) The purpose of the final plan is to enable the Township
to determine whether or not all aspects of a major subdivision or
land development conform to Township standards and conditions of preliminary
plan approval, and to provide a means to ensure that required improvements
are guaranteed prior to official approval and recording of the plan.
(2) After the Board of Supervisors has approved the preliminary
plan, the applicant adds the final plan information as required by
the Subdivision and Land Development Chapter and submits the plan
to the Township for review by the Planning Commission and the Township
Engineer. The Planning Commission then submits a letter of recommendation
for plan approval or disapproval to the Board of Supervisors. After
receiving that letter and a final review letter from the Township
Engineer, the Board of Supervisors votes to approve or reject the
plan.
[Amended 10-10-1988 by Ord. No. 101; 3-22-2006 by Ord. No.
208]
A sketch plan is strongly encouraged for all proposed subdivisions and land developments. Prior to the submission of the sketch plan, the preapplication and site visit process described below will significantly improve the quality of the sketch plan and its usefulness to the Township in their review of the plan. These preapplication discussions are particularly important for the residential design options requiring the four-step design process described in §
130-15.1 of this chapter. Sketch plans, as described in §
130-32.3, shall be submitted to the Township for review by the Planning Commission. Submission of the sketch plan shall not constitute formal filing of a plan with the Township, nor shall it commence the statutory review period as required by the Pennsylvania Municipalities Planning Code. The procedures for submission of a sketch plan are described in Subsection D below.
A. Preapplication meeting. A preapplication meeting shall
be required between the applicant, the site designer, the Township
Planning Commission, and the Township's planning consultant where
applicable, to introduce the applicant to the Township's zoning and
subdivision regulations and procedures, to discuss the applicant's
objectives, and to schedule site visits, meetings, and plan submissions
as described below. Applicants are also encouraged to present the
existing resources and site analysis plan at this meeting.
B. Existing resources and site analysis plan. Regardless of whether or not a sketch plan is submitted, the applicant shall submit an existing resources and site analysis plan prepared in accordance with the requirements contained in §
130-33C. The purpose of this key submission is to familiarize all parties with the existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site visit. This plan shall be provided prior to or at the site visit, and shall form the basis for the development design as shown on the sketch plan (or on the preliminary plan, if the optional sketch plan is not submitted).
C. Site visit.
(1) After preparing the existing resources and site analysis
plan, applicants shall arrange for a site visit of the property by
the Planning Commission and other Township officials, and shall distribute
copies of the existing resources and site analysis plan at that on-site
meeting. Applicants, their site designers, and the landowner are encouraged
to accompany the Planning Commission.
(2) The purpose of the site visit is to familiarize Township
officials with the property's existing conditions and special features,
to identify potential site design issues, and to provide an informal
opportunity to discuss design concepts, including the general layout
of the designated open space lands (if applicable), and potential
locations for proposed buildings and street alignments. Comments made
by Township officials or their staff and consultants shall be interpreted
as only suggestions and for discussion purposes. All parties shall
be aware that no formal deliberations, discussions or recommendations
leading to official decisions can be made at the site visit.
(3) Pre-sketch conference. Following the site visit and prior to the submission of the sketch plan, the applicant shall meet with the Planning Commission to discuss the findings of the site visit and to informally develop a mutual understanding on the general approach for subdividing or developing the tract. As in Subsection
C(2) above, no official decisions can be made at the pre-sketch conference. At the discretion of the Planning Commission, this conference may be combined with the site visit.
D. Sketch plan submission and review.
(1) Fourteen copies of the sketch plan, meeting the requirements set forth in §
130-32.3, shall be submitted to the Township office during business hours for distribution to the Board of Supervisors, the Planning Commission, the Township Engineer, applicable Township advisory boards, and the Montgomery County Planning Commission at least seven business days prior to the Planning Commission meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for building sites, street alignments, stormwater management facilities, and open space where applicable, and shall be based upon the information contained in the existing resources and site analysis plan. Conservation subdivisions shall be designed in accordance with the four-step design process described in §
130-15.1B of this chapter and with the open space review standards listed in §
130-15.2A and
B.
(2) Sketch plans should be presented to the Township Planning
Commission for informal discussion at a regularly scheduled Planning
Commission meeting, following a request made by the applicant to the
Township to be placed on the agenda.
(3) The Township Planning Commission may make nonbinding
suggestions and recommendations to the applicant during the meeting
at which the plan is discussed. These need not be presented in writing
to the applicant. However, suggestions should be summarized in the
minutes of the Township Planning Commission for reference.
(4) If a proposal is large or complex, the Township Planning
Commission may defer completing its comments and recommendations until
it has consulted its technical advisors. However, the Planning Commission
will try to expedite this informal review process.
(5) The applicant may, if desired, request further review
of the sketch plan by the Board of Supervisors. If further review
is requested, the Board, after considering the written recommendations
of the Planning Commission, all other agencies, and the Township Engineer,
shall advise the applicant as to plan modifications it shall deem
necessary or advisable.
(6) Applicants may submit more than one sketch plan for
a project (i.e., alternative plans) and may submit revised sketch
plans after receiving initial comments on a sketch.
(7) The Planning Commission's approval of a sketch plan
shall not create any vested rights for the property or the developer
within the meaning of the Municipalities Planning Code. Rather, the
sketch plan process is intended to provide the applicant with an insight
to the Planning Commission's likely response to discretionary planning
decisions and optional layouts for the proposed development before
the significant engineering expense associated with a preliminary
plan has been incurred. Subdivision and land development applicants
who choose to proceed without first obtaining Planning Commission
reaction to a sketch plan may risk a greater possibility of a request
for redesign of a submitted preliminary plan.
(8) The Planning Commission shall review the sketch plan
in accordance with the criteria contained in this chapter and with
other applicable Township ordinances. Their review shall informally
advise the applicant of the extent to which the proposed subdivision
or land development conforms to the relevant standards of this chapter,
and may suggest possible plan modifications that would increase its
degree of conformance. Their review shall include but is not limited
to:
(a)
The location of all areas proposed for land
disturbance (streets, foundations, yards, septic disposal systems,
water lines, stormwater management areas, etc.) with respect to natural
or cultural features as identified on the applicant's existing resources
and site analysis plan and in the Worcester Township Open Space Plan
and Comprehensive Plan.
(b)
The potential for street connections with existing
streets, with other proposed streets, or with potential developments
on adjoining parcels.
(c)
The location of proposed access points along
the existing road network.
(d)
The proposed building density and impervious
coverage.
(e)
The potential for trail and open space connections.
(f)
The compatibility of the proposal with respect
to the objectives and policy recommendations of the Worcester Township
Comprehensive Plan and the Worcester Township Open Space Plan.
(g)
Consistency with the Worcester Township Zoning
Ordinance, as amended.
[Amended 10-20-1982 by Ord. No. 89; 10-10-1988 by Ord. No.
101]
A. Applications for approval of a subdivision and/or
land development plan shall be filed with the Township Secretary at
the Township office. The proposed plans shall accompany the applications.
All applications for approval of a plan, whether preliminary or final,
shall be acted upon by the Board of Supervisors which shall render
its decision and communicate it to the applicant no later than 90
days following the date of the regular meeting of the Board next following
the date the application is filed, provided that should said next
regular meeting occur more than 30 days following the filing of the
application, said ninety-day period shall be measured from the 30th
day following the date the application has been filed.
B. The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to him at his last known address no later than 15 days following
the decision.
C. Schedule of steps.
(1) When an application is received by the Secretary's
office, the date shall be stamped and the filing fee received. A cursory
examination of the application and plan will be conducted.
(2) The Secretary's office shall distribute copies to
the following:
(a)
Montgomery County Planning Commission.
(b)
Worcester Township Planning Commission.
(c)
Worcester Township Engineer and, when applicable,
to the:
[1]
Township Sewer Authority.
[3]
Health Officer and/or Sewage Facilities Enforcement
Officer.
[6]
Department of Environmental Protection.
[7]
Pennsylvania Department of Transportation.
[8]
Montgomery County Conservation District.
(3) Application for approval of a subdivision or land
development plan shall be placed on the agenda for a meeting of the
Township Supervisors.
(4) Recommendations of the Montgomery County Planning
Commission, Township Planning Commission and others shall be submitted
to the Township Supervisors.
(5) Supervisors' action.
(a)
If the Supervisors approve the plan, the Township
Secretary will so certify thereon, and two copies will be given to
the applicant.
(b)
If the Supervisors disapprove the plan, the
Board (or its official agent) will notify the applicant, in writing,
of the defects in the application and will describe the requirements
which have not been met and shall cite the provisions of state law
or Township ordinance relied upon.
(c)
Approval shall be effective for five years from
the date of approval, and the effect of approval shall be as prescribed
by Section 508, Subdivision (4), of the Pennsylvania Municipalities
Planning Code.
(6) When deemed desirable, the applicant may be requested
to agree, in writing, to an extension of time to the prescribed period
of time normally allotted to the applicant in which a decision concerning
the status of the application for approval of a plat is to be rendered.
In which case the Supervisors shall render a decision and communicate
it, in the prescribed manner, to the applicant before termination
of the extended time period.
(7) Recording the plat. Upon approval of a final plat
of subdivision or land development, the applicant shall, within 90
days of such final approval, record such plat in the office of the
Recorder of Deeds of Montgomery County, Pennsylvania. The approved
final plat shall bear the official stamp of review by the Montgomery
County Planning Commission.