[Ord. 250, 10/12/2010]
All plans of proposed subdivisions and land development in Old Lycoming Township, whether preliminary or final, shall be subject to approval, modification or rejection by the Old Lycoming Township Board of Supervisors. Prior to action by the Supervisors, however, all plans shall be submitted to the Township Planning Commission and to the Lycoming County Planning Commission for their review, evaluation and recommendations. Copies of the plans may also be submitted to the Township Engineer, where applicable, and to other appropriate agencies for review at the discretion of the Township Planning Commission before recommendations for action are made to the Township Supervisors. (See plan processing details below and illustrated in the flow chart following §
22-306.)
[Ord. 250, 10/12/2010; as amended by Ord. 264, 5/14/2013, Art. 2]
1. Plan Classifications and Submission Requirements.
A. For the purposes of this chapter, any proposed subdivision or land
development plan which is submitted to the Township for review and
approval but does not meet the applicable plan or other Chapter requirements,
may be considered as a sketch plan at the request of the applicant
and upon recommendation of the Township Subdivision Ordinance Administrator.
(See also § 22-303.B.1 below for additional details on the
application submission process.)
B. Plans involving the installation of streets, sanitary sewers, public
water supplies, stormwater management facilities and other site improvements
shall be considered as preliminary plans for initial consideration.
C. Where site improvements have been installed in accordance with a
previously approved preliminary plan, the proposed subdivision or
land development plan may be considered as a final plan.
D. Where a subdivision or land development proposal consists of a cumulative
total of five or fewer lots or dwelling units from the effective date
of this chapter, each with frontage along an existing public street
and where no site improvements are proposed by the developer or required
by the Township, the proposed subdivision or land development plan
may be considered as a final plan.
E. Where a final plan covers only a portion of a tract of ground, the
Planning Commission may request the developer submit a sketch plan
of the remainder of the tract illustrating his future intent and use
for the property. (See also § 22-303.2.C(4) below.)
F. The final plan shall conform in all significant respects with any
approved preliminary plan. Otherwise the plan submitted shall be considered
as a revised preliminary plan. (See also § 22-303.4.B.)
G. It shall be the ultimate responsibility of the subdivider/developer
to coordinate his plans with all appropriate public and private utilities
and/or service agencies in the manner set forth in this chapter and
to provide sufficient data and information to the Township upon which
to review the proposed plan.
2. Plan Evaluation Process. Applications for preliminary or final plan
review and approval shall be submitted to Old Lycoming Township and
shall be processed in accordance with the following procedures:
A. Application.
(1)
A minimum of three copies of all proposed preliminary or final
subdivision and land development plans and a minimum of three copies
of all other materials and information required by this chapter shall
be submitted to the Township Subdivision Ordinance Administrator no
less than 20 days in advance of the next regular meeting of the Township
Planning Commission at which the plan is to be considered. (A plan
shall be considered filed upon receipt by the Administrator of all
required plans and materials, including plan processing fees, as well
as any necessary zoning ordinance variance, special exception or conditional
use approvals.) Plans submitted less than 20 days before the next
scheduled meeting of the Planning Commission will not be considered
filed until the date of the following regular meeting of the Commission
at the earliest.
(2)
The Subdivision Ordinance Administrator shall, upon receipt
of a subdivision or land development plan proposed for either preliminary
or final approval, check the submission for completeness. Where determined
necessary by the Administrator, additional review assistance may be
requested from the Subdivision and Land Development Plan Review Committee.
If the submission is found to be incomplete, the submission shall
immediately be returned to the applicant/developer, with an indication
of its deficiencies. Where applicable, the Administrator may also
indicate to the applicant/developer that such plans could be submitted
for sketch plan consideration as per the standards contained in § 22-303.1.A
of this chapter. Written concurrence from the applicant/developer
shall be required for such consideration.
B. Referrals. If the submission is determined complete by the Subdivision
Ordinance Administrator, copies of the plans shall be distributed
as follows:
(1)
A minimum of five copies of the plan (or other number as may
be required) and one copy of all accompanying documentation (including
any applicable review fee) shall be forwarded or delivered by the
subdivider/developer to the Lycoming County Planning Commission for
their review and advisory comments. The County Planning Commission
shall review the proposed subdivision or land development, prepare
a report of its findings, stamp and sign the plans indicating a review
was conducted, and shall return its comments and all but one copy
of the plan to the Township within 30 days of the date that such plans
were submitted to them.
(2)
Where a proposed subdivision or land development involves the
design of new streets (whether public or private), public or community
sewer or water supply systems, stormwater management facilities, or
other similar site improvements, one copy of the plan and appropriate
improvement designs shall be forwarded by the Subdivision Ordinance
Administrator to the Township Engineer for review and recommendations.
In addition, copies of the plan may also be forwarded to the Township
Zoning Officer (if other than the Subdivision Ordinance Administrator),
the Pennsylvania Department of Transportation, the Pennsylvania Department
of Environmental Protection, the Lycoming County Conservation District,
officials from adjacent municipalities, or other agencies, organizations
or professionals for input or comments, where such is deemed appropriate
by the Administrator or Township Planning Commission. (Such submissions
shall not relieve the applicant from obtaining all necessary approvals
and permits from the appropriate agencies.) All review agencies shall
be given 30 days to respond with comments.
(3)
Where a proposed subdivision or land development involves the
utilization of public sewer service, it shall be the responsibility
of the subdivider/developer to deliver a copy of the proposed plans
and all applicable data and documentation to the applicable authority
for review and approval. Plans involving the use of a public water
supply shall be delivered by the subdivider/developer to the applicable
water authority for their review and approval. Copies of such approvals
shall be provided to the Township as verification that all sewer and/or
water design plans have been reviewed and approved by the appropriate
Authorities and their Engineer. (These agencies shall be given 30
days to provide their review comments and/or approvals, as applicable.
Where such thirty-day period will provide insufficient time for plan
review and/or approval, in the opinion of the applicable review agency,
said agency shall provide the Township with an alternative time period.)
(4)
All remaining copies of the plans and accompanying documentation
shall be retained for the review, evaluation and recommendations of
the Township Planning Commission.
C. Planning Commission Review and Recommendations.
(1)
In order to better evaluate a proposed submission, the Planning
Commission may, at its discretion, view the site of the subdivision
or land development prior to taking action on the plan.
(2)
At its first regular or advertised special meeting following
acceptance of a filed plan, the Township Planning Commission shall
consider the subdivision or land development plan to determine its
conformity to the design standards and general principles contained
in this chapter. (The developer or his agent shall be present to discuss
all such proposed plans with the Commission and to facilitate the
plan review process, or action on the plan by the Commission may be
tabled.) In addition, the Commission shall also consider all comments
received from the County Planning Commission, the Subdivision Ordinance
Administrator, the Township Engineer, and from other review agencies.
(3)
Following thorough review and evaluation, the Planning Commission
shall make recommendations for approval, disapproval, or other appropriate
action to the Supervisors.
(4)
The Planning Commission may recommend to the Supervisors that
the subdivider/developer prepare and submit a sketch plan for remaining
undeveloped or residual property where they feel such would be in
the best interest of the Township or where they feel such action would
facilitate evaluation of subsequent submissions by the developer.
(5)
The Commission's recommendations regarding proposed plans shall
be communicated to the Township Supervisors in writing. The recommendations
shall be signed and dated by the Chairman of the Planning Commission,
or in his absence, the Vice-Chairman or other presiding officer. If
disapproval is recommended, the Commission's communication to the
Supervisors shall specify the defects found, describe the requirements
which have not been met, and cite the provisions of the Chapter which
have been relied upon.
(6)
When a proposal is recommended for approval, the Chairman of
the Planning Commission, or in his absence, the Vice-Chairman or other
presiding officer, shall also sign and date all remaining copies of
the plan. Such plans shall then be forwarded, along with the Commission's
recommendations, to the Township Supervisors for action.
3. Plan Approval Process.
A. Upon receipt of recommendations from the Township Planning Commission,
the Township Supervisors shall consider and take action on proposed
subdivision and land development plans. (The developer or his agent
shall be present to discuss all such proposed plans with the Township
Supervisors and to facilitate the plan approval process, or the plan
may be disapproved.) The Supervisors shall render a decision and communicate
it to the applicant hot later than 90 days following the date of the
regular meeting of the Planning Commission next following the date
that the plan is filed, provided that should the next regular meeting
occur more than 30 days following the filing of the plan, the said
ninety-day period shall be measured from the thirtieth day following
the date the plan is filed.
B. The Township Subdivision Ordinance Administrator shall notify the
applicant of the decision made by the Township Supervisors in accordance
with the following procedure:
(1)
Within 15 calendar days after the Supervisors' meeting, the
Administrator shall notify the subdivider/developer or his agent,
in writing, of the action taken by the Supervisors specifying what
changes, or additions, if any, will be required prior to plan approval.
(2)
If the proposed plan is disapproved, the decision shall specify
the defects found, describe the requirements which have not been met,
and cite the provisions of the Chapter which have been relied upon.
(3)
Failure of the Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the proposed plan, unless the applicant
has agreed, in writing, to an extension of the time period or change
in the manner of presentation or communication of the decision.
C. All plans approved by the Supervisors shall bear the signatures of
all members of the Board voting in favor of the approval and the date
of such action. One fully signed, "master" copy of the subdivision
or land development plan shall be retained by the Township for its
files and all other remaining copies shall be returned to the applicant.
D. The Supervisors may grant preliminary or final plan approval subject
to conditions acceptable to the applicant. Such conditions shall either
be written on all copies of the plan and be signed by the applicant
indicating concurrence or the Supervisors shall produce a list of
all such conditions within 15 days of the date of conditional approval
and present such listing to the applicant for written concurrence.
Failure of the applicant to sign the plans or execute the list to
indicate concurrence, as applicable, and return it to the Township
within 30 days of the conditional approval date or prior to the Supervisors'
next regular meeting, whichever comes first, shall nullify the approval
granted. Plans shall not be signed or dated by the Supervisors until
receipt of the executed concurrence from the applicant.
E. The Supervisors may offer a mediation option as an aid in completing
proceedings authorized by this section. In exercising such an option,
the Supervisors and mediating parties shall meet the stipulations
and follow the procedures set forth in § 908.1 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10908.1, or as may
hereafter be amended.
F. In order to facilitate financing, when requested by the subdivider/developer,
the Supervisors may furnish the subdivider/developer with a signed
copy of a resolution or letter of contingent approval indicating approval
of the final plan contingent upon the developer obtaining a satisfactory
improvement guarantee (financial security). The final plan or record
plan shall not be signed nor recorded until the improvement agreement
is executed and the improvement guarantee (financial security) has
been provided. The resolution or letter of contingent approval shall
expire and be deemed to be revoked if the improvement agreement is
not executed and the financial security is not provided within 90
days unless a written extension is granted by the Supervisors. Such
extension shall not be unreasonably withheld and shall be placed in
writing at the request of the subdivider/developer.
4. Effect of Plan Submissions and Approvals.
A. From the time a plan, whether preliminary or final, is duly filed
as provided in this chapter, and while such plan is pending approval
or disapproval, no change or amendment of any zoning, subdivision
or other governing ordinance applicable to the plan shall affect the
decision on such plan adversely to the applicant unless the applicant
voluntarily and without duress consents. The applicant shall be entitled
to a decision in accordance with the provisions of said ordinances
as they stood at the time the plan was duly filed.
B. Approval of the preliminary plan shall constitute approval of the
subdivision or land development as to the character and intensity
of development, and the arrangement and approximate dimensions of
streets, lots, and other planned features. The approval binds the
subdivider/developer to the general scheme of the subdivision shown
and permits the subdivider/developer to proceed with final detailed
design of improvements, and with preparation of the final plan. Approval
of the preliminary plan does not authorize the sale of lots nor the
recording of the preliminary plan, nor does it constitute approval
of the final plan. (See also § 22-303.1.F.)
C. The applicant shall have a period of five years from the date of
preliminary approval in which to submit a final plan(s) for the subdivision
and/or substantially complete all aspects of the approved development,
including installation of all site improvements. If the applicant
fails to do so within the five-year period, the approval of the preliminary
plan shall become null and void unless an extension of time is requested
by the applicant, in writing; along with a schedule for submission
of the final plan, and is approved by the Supervisors prior to the
expiration date.
D. In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the developer with the preliminary plan delineating all proposed
phases as well as deadlines within which applications for final plat
approval of each phase are intended to be filed. Such schedule shall
be updated annually by the subdivider/developer on or before the anniversary
of the preliminary plan approval, until final plat approval of the
final phase has been granted, and any modification in the aforesaid
schedule shall be subject to approval by the Supervisors at their
discretion.
E. When an application for approval of a plat, whether preliminary or
final, has been approved, no subsequent change or amendment in Township
zoning or subdivision regulations shall adversely affect the right
of the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of this approval within five
years of such approval. The five-year period shall however be extended
for the duration of any litigation, including appeals, which prevent
the commencement or completion of the development, and for the duration
of any sewer or utility moratorium, or prohibition which was imposed
subsequent to the filing of an application for preliminary approval
of the plat. In the event of an appeal filed by any party from the
approval or disapproval of a plat, the five-year period shall be extended
by the total time from the date the appeal was filed until a final
order in such manner has been entered and all appeals have been concluded.
No extension shall be based upon any water or sewer moratorium which
was in effect at the time the preliminary plan application was filed.
F. The final plan may be submitted in phases, each covering a portion
of the entire subdivision or land development shown on the preliminary
plan. However, each phase in a residential subdivision or land development,
except the last phase, shall contain a minimum of 25% of the total
number of lots or dwelling units depicted on the preliminary plan,
unless a lesser percentage is approved by the Supervisors.
[Ord. 250, 10/12/2010]
For any replatting or resubdivision of land, the same procedure,
rules, and regulations shall apply as prescribed herein for an original
subdivision or land development.