[Ord. No. 146, 3/4/2021]
This Part sets forth the application requirements for obtaining
approval of subdivisions and land developments. The form of the various
plans referred to in this Part and information required to be forwarded
with such plans shall be as specified in Part 4.
[Ord. No. 146, 3/4/2021]
1.
The applicant for subdivision or land development approval must submit with the application proof that all approvals required by Chapter 27, Zoning, such as variances, special exceptions and conditional uses, have been obtained prior to submission of a subdivision or land development plan. A copy of any applicable zoning decision shall be included with the application, and the plan shall be designed and developed in accordance with such decision, including any conditions attached thereto.
2.
Verification. A signed verification from the Zoning Officer shall
be submitted with the subdivision and land development plan and application,
attesting to the fact that the proposal is in conformance with applicable
zoning regulations.
[Ord. No. 146, 3/4/2021]
1.
All applications shall follow these application and processing requirements
(except Sketch Plans as provided hereafter).
A.
Formal Application/Submission Deadlines. All applications for approval
of a subdivision plan, land development plan or lot add-on plan, including
the initial plan submission or subsequent submission of revised plans,
shall be made by the developer or owner by filing with the Township
an application on a form supplied by the Township, together with the
appropriate plans, studies, reports, supporting data, and required
filing fee. No application is complete without the required fee and
any required escrow. Applications may be filed with the Township on
any business day; however, the Planning Commission may review a plan
at a particular meeting only if the plan was filed at least 15 business
days prior to that meeting.
B.
Application Requirements. All plan applications shall include the
following:
(1)
Two copies of the plan(s) at 24 inches by 36 inches. Five copies of the plan(s) at 11 inches by 17 inches. All plans shall be either black-on-white or blue-on-white paper prints and prepared in conformance with the provisions of Part 4 of this chapter.
(2)
Two copies of all reports, notifications, and certifications
which are not provided on the preliminary plan.
(3)
Two copies of the application form as provided by the Township.
(4)
Filing and review escrow fees in the amounts as specified on
the fee schedule adopted by resolution of the Board of Supervisors
and available at the Township Office.
(5)
Two copies of zoning decisions.
(6)
Verification of review by Zoning Officer.
(7)
Two copies of all reports required by Part 4.
(8)
Verification that the plans have been properly filed with the
County Planning Commission, as well as any and all other required
approving agencies (local, state, and federal agencies, water and
sewer authorities, utilities, etc.).
(9)
The applicant shall provide the Township with five copies of
the most current plan at least five business days before the plan
is scheduled to be reviewed by the Planning Commission or the Board
of Supervisors.
C.
Distribution. The applicant shall submit one copy of the above required
information to the Township and one copy to the Township Engineer
for their respective reviews.
D.
Initial Application. The Township staff shall have seven business
days from the date of submission of an application to check the plans
and documents to determine if on their face they are in proper form
and contain all information required by this chapter. If defective,
the application shall be returned to the applicant with a statement
explaining the reason(s) for rejection, within 12 business days following
the date of submission by the applicant; otherwise, it shall be deemed
accepted for filing as of the date of submission. Acceptance for filing
shall not, however, constitute a waiver of any deficiencies or irregularities.
Under this section, the applicant may appeal a decision by the Township
staff to the Board of Supervisors within 15 days of its return.
E.
Amendments or Corrections to an Application. The Township staff shall
have seven business days from the date of submission of an amended
or corrected application or plan to determine whether such amended
or corrected application results in a substantial amendment to the
plan, including but not limited to a change in the number of lots
or density, a change in the design or layout of stormwater management
facilities, a change in street design or layout, a change in block
or lots size(s) or a change of the proposed land use or if the application
or plan filed changed in any other way so as to be considered a new
plan. If the Township staff determines that the amended or corrected
application constitutes a substantial amendment, the applicant shall
be informed of the determination within 12 business days from the
date of the submission of the amended or corrected application and
the Township staff shall further inform the applicant that the Township
shall consider the ninety-day review procedure to have been restarted
as of the date of the filing of the substantial amendment. If the
Township staff determines that the amended or corrected application
constitutes a new plan, he shall so inform the applicant and shall
inform the applicant that a new application and new fees are required.
Under this section, the applicant may appeal a decision by the Township
staff to the Board of Supervisors within 15 days.
F.
Plan Review Process.
(1)
Review by the Township Staff and Consultants.
(a)
The Township Engineer and any Township personnel as directed by the Board of Supervisors shall review the application documents to determine if they are in compliance with this chapter, Chapter 27, Zoning, the Comprehensive Plan, the Township's planning objectives, and accepted planning standards. These personnel shall provide comments and recommendations, including written findings when directed by the Board of Supervisors.
(b)
The Township Engineer and/or other consultants designated by
the Board of Supervisors shall review the application documents to
determine compliance with this chapter, and any other applicable Township
ordinances, Township standards and good engineering practices. He
shall prepare a written report of his findings and recommendations,
which shall be presented to the Township and the applicant.
(2)
Briefing Item.
(a)
At the Township's discretion, at the plan's first
presentation to the Planning Commission, the plan may be presented
by the Township as a briefing item for introduction to the Planning
Commission and for general comments. The applicant and/or its representative
are not required to attend this meeting. If the plan is not a briefing
item, the developer and/or its representative are required to attend
the meeting.
(b)
Plans may be presented by the Township as a briefing item at
the regular meeting of the Board of Supervisors, following a presentation
of the plan as a briefing item to the Planning Commission. The applicant
and/or its representative are not required to attend this meeting.
(3)
Compliance Submission. All resubmissions for approval of a subdivision
plan, land development plan or lot add-on plan shall be made by the
developer and supplied to the Township and the Township Engineer,
together with the appropriate plans, studies, reports, supporting
data (and required filing fee, if any). Resubmissions may be filed
with the Township on any business day; however, the Planning Commission
will review a plan at a particular meeting only if the plan was filed
with the Township and the Township Engineer at least 15 business days
prior to that meeting.
(4)
Planning Commission Review. The Planning Commission will review
the application with the developer or its agent at a regular meeting
following the meeting where the application was introduced to the
Planning Commission as a briefing item, if applicable, and after comments
are received from the County Planning Commission. The Planning Commission
will review the application to determine if it meets the standards
set forth in the Township's ordinances. The application shall
then be submitted by the Planning Commission, together with its analysis
and recommendations, including those of the Township staff and Township
Engineer, to the Board of Supervisors. The applicant and/or its representative
are required to attend this meeting. Generally, the plan may be forwarded
to the Board of Supervisors with a recommendation for conditional
approval or disapproval, providing all technical issues have been
addressed.
(5)
Board of Supervisors Review Process.
(a)
Generally, following review and recommendation by the Planning
Commission, the Board of Supervisors will place the plan on its agenda
for review and action and provide written notice to the applicant
of such action. The applicant and/or its representative are required
to attend this meeting.
(c)
Notification of Board of Supervisors Action. 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
not later than 15 days following the decision. The form of the decision
shall be in compliance with the requirements of the MPC.
(d)
Compliance with the Board of Supervisors Action. If the Board
of Supervisors conditions its plan approval upon receipt of additional
information, changes and/or notifications, execution of documents,
posting of financial security or other matters, such data or documents
shall be submitted and/or alterations noted on two copies of the plan
to be submitted to the Township for approval. Such data and documents
shall be submitted to the Board of Supervisors within 90 days of its
conditional approval, unless the Board of Supervisors grants a modification
by extending the effective time period.
(e)
Board of Supervisors Approval and Certification. The Board of
Supervisors will acknowledge the satisfactory compliance with all
conditions, if any, of the plan approval at a regularly scheduled
public meeting. After receipt of plan approval and compliance with
all conditions of approval, a plan shall be presented to the Township
for acknowledgement through a formal approval certification statement
on the plan as provided in the Part 4 Appendix.[2] Two copies (one for the Township and one for the applicant)
of the plan shall be provided for the Board of Supervisors to sign
the approval certificate.
[2]
Editor's Note: The Part 4 Appendix is included as an attachment to this chapter.
[Ord. No. 146, 3/4/2021]
1.
Applicants are strongly urged to discuss possible development sites
and plan with the staff of the Township prior to formal submission
of any plan. The purpose of the preapplication meeting or sketch plan
review is to afford the applicant an opportunity to receive the advice
and assistance of the Planning Commission, Board of Supervisors, and
staff. Submission of a sketch plan is optional and will not constitute
formal filing of a plan with the Township.
A.
Preapplication Plans and Data Procedure. Prior to the preparation
and filing of the preliminary plan for subdivision or land development,
the applicant may submit to the Township the following plans and data,
which shall be forwarded to the Planning Commission and Board of Supervisors
for consideration. The plans should include those elements that should
be considered in the design of the subdivision or land development.
B.
Submission of Preapplication (Sketch) Plans. Prospective applicants submitting a preapplication plan for review by the Planning Commission shall include those items listed in § 22-402 of this chapter. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Township. Plans shall be submitted 15 business days prior to the regularly scheduled monthly meeting of the Planning Commission. All plan submittals shall be accompanied by a completed application as provided by the Township and a filing fee and escrow in an amount as specified on the fee schedule adopted by resolution of the Board of Supervisors and available at the Township office. The applicant may proceed to the preliminary plan process following the meeting with the Planning Commission and Board of Supervisors. The applicant shall incorporate the comments or concerns of the Planning Commission, Board of Supervisors, and staff and make every effort to address these items in the preliminary plan.
[Ord. No. 146, 3/4/2021]
1.
Preliminary Plan Application. With the exceptions noted in § 22-307 of this chapter, a preliminary plan is required for applications that propose new streets, all land development plans, and subdivision plans that create five or more new lots either initially or cumulatively as of the date of the adoption of this chapter. All other plans may be submitted as final plans in accordance with § 22-306.
2.
Approval of a Preliminary Plan Application. Approval of a preliminary
plan application shall constitute approval of the proposed subdivision
and/or land development as to the character and intensity of development
and the general arrangement of streets, lots, structures, and other
planned facilities, but shall not constitute final plan approval.
The preliminary plan may not be recorded in the office of the Recorder
of Deeds. If a preliminary plan is approved with conditions, the applicant
shall satisfy all conditions and submit a final plan application for
at least the first phase of the development within one year of the
date of the conditional approval. If the applicant fails to satisfy
all conditions of approval within the one-year period, the conditional
approval shall expire and the applicant shall be required to file
a new preliminary plan.
3.
Construction of Improvements. As an alternative to immediately processing
a final plan and guaranteeing the completion of required improvements
by a corporate bond or surety, and, after an applicant has received
official notification that the preliminary plan has been unconditionally
approved, the applicant may initiate the construction of required
improvements prior to approval of the final plan.
4.
Completion of Improvements. Upon completion of the improvements required
by this chapter and other Township ordinances, the applicant may proceed
to submit a final plan and application which shall include notice
of approval of the improvements by the Authority which is to accept
the improvement.
[Ord. No. 146, 3/4/2021]
1.
Prerequisites to Filing Final Plan Application.
A.
B.
In all cases, a final plan for at least the first phase of the development
must be filed within one year of conditional approval of a preliminary
plan when a preliminary plan is required.
2.
Final Plan Applications.
A.
The final plan may be submitted in sections, each section covering
a reasonable portion of the entire proposed subdivision as shown on
the approved preliminary plan; provided that each section, except
for the last section, shall contain a minimum of 25% of the total
number of units of occupancy as depicted on the approved preliminary
plan.
B.
The Township may accept a final plan modified to reflect a change
to the site or its surroundings that occurs after the preliminary
plan review. The Board of Supervisors, with a recommendation from
the Planning Commission, shall determine whether a modified final
plan will be accepted or whether a new preliminary plan shall be submitted.
3.
Application Requirements. In addition to the application requirements of § 22-303, final plans which require access to a highway under the jurisdiction of PennDOT shall include two copies of the plans prepared to support the application for a highway occupancy permit.
4.
Satisfaction of Conditions. When a final plan is approved subject
to conditions, the applicant shall submit evidence that the applicant
has satisfied all conditions upon the approval within three years
from the date of the conditional approval. If the applicant fails
to satisfy all conditions of approval within the three-year period,
the conditional final plan approval shall expire and the applicant
shall be required to file a new preliminary plan.
5.
Final Plan Certification. After the Board of Supervisors' approval of the final plan and the required changes, if any, are made, the applicant shall proceed to prepare three sets of final plans; one set of final plans shall be for the Township's files. Upon compliance with all conditions of plan approval to the satisfaction of the Township and compliance with Part 5 of this chapter, three copies of the final plan shall be certified in the following manner: the final plans shall be presented to the Planning Commission and the Board of Supervisors for the signature of the respective chairman or vice chairman or their designees. Final plans will not be signed by the Board of Supervisors prior to certification by the Planning Commission or if submitted more than 90 days from the Board of Supervisors' final approval action unless the Board of Supervisors grants a modification by extending the effective time period of the approval.
6.
Final Plan Recordation. Upon approval and certification of a final
plan and payment of any and all outstanding fees, the applicant shall
record the plan in the office of the Recorder of Deeds. Should the
applicant fail to record the final plan within 90 days of the Board
of Supervisors' final plan approval and certification, the Board's
action on the plan shall be null and void unless the Board of Supervisors
grants a modification by extending the effective time period of the
approval.
7.
Effect of Recording of Final Plan. Recording the final plan, after approval of the Board of Supervisors, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in Part 4 of this chapter. However, the approval of the Board of Supervisors shall not impose any duty upon the commonwealth, county, or Township concerning acceptance, maintenance, or improvement of any such dedicated areas or portion of same until the proper authorities of the commonwealth, county, or Township actually accept same by ordinance or resolution, or by entry, use, or improvement.
A.
When a final plan includes a lot add-on or lot line change, the applicant
shall record deeds to effectuate the change in lot lines within 30
days after the plan is released for recording, including but not limited
to a deed with a perimeter legal description for the lot as enlarged
by the lot add-on parcel and shall present the Township with evidence
that such deed has been recorded. Financial security shall not be
released or reduced until the applicant has presented proof of recording
of the deed with a perimeter legal description.
8.
The landowner may place a notation on the final plan to the effect
that there is no offer of dedication to the public of certain designated
areas, in which event the title to such area shall remain with the
owner, and neither the commonwealth, county, Township, nor any applicable
authorities shall assume any right to accept ownership of such land
or right-of-way.
[Ord. No. 146, 3/4/2021]
1.
Plans that meet the criteria as listed hereafter shall be exempt
from the requirement to process a preliminary plan and may process
a final plan prepared in accordance with Part 4.
A.
Lot Add-On Plans.
(1)
Lot add-on plans shall meet the following criteria:
(a)
A lot add-on plan shall only be prepared for the conveyance
of land for the sole purpose of increasing the size of a contiguous
parcel.
(b)
A lot add-on plan shall not create any additional lot(s).
(d)
No lot add-on plan shall have the result of placing any utility,
such as an individual on-lot sewage system or well, on a lot different
from the building which it is designed to serve.
(e)
A lot add-on plan shall not alter the site and/or existing stormwater
management facilities in a manner that affects the discharge of stormwater
to an adjacent property or significantly relocates a major stormwater
management facility within the project.
(2)
In every case where a proposal conforms to the above, the application
shall comply with the following procedures:
(a)
The applicant shall submit to the Township three copies of a lot add-on plan prepared to the standards specified in § 22-406 of this chapter and one application form as provided by the Township. In addition to submitting the required material, the applicant shall provide all filing fees and escrow as required by the Township plus documentation that plans have been properly submitted to the County Planning Commission.
(b)
If the plan qualifies, the applicant shall prepare three plans
for recording, with one set of the plan for the Board's files.
The three copies of the plan shall be certified by the Board. The
applicant shall record the plans with the Recorder of Deeds. These
plans shall be filed with the Recorder of Deeds prior to the execution
of a deed for the land.
B.
Center-Line Separation Subdivision.
C.
Minor Subdivision/Land Development.
(1)
In the case of a subdivision plan of five lots or less, either
initially or cumulatively from the effective date of this chapter,
which does not require provisions for a new street, the applicant
may, at his discretion, concurrently submit preliminary and final
plans for action at the Board meeting. For the purpose of interpreting
this section of the chapter, a subdivision of not more than five lots
shall include the remaining tract.
(2)
In the case of a land development plan proposing:
(a)
The construction of one nonresidential building not exceeding
10,000 square feet of building area;
(b)
The construction of an addition to a nonresidential building
not exceeding 5,000 square feet of additional building area; or
(c)
An agricultural principal use, the applicant may, at his discretion,
concurrently submit preliminary and final plans for action by the
Township.
D.
Revised Subdivision and/or Land Development Plans. Any replatting,
revision, or resubdivision of recorded plans or any replatting, revision,
or resubdivision of any approved final plan which has not been recorded,
excluding lot grading plans in subdivisions, shall be considered as
a new application and shall comply with all requirements of this chapter,
except that plans may be changed, provided that in making such changes:
(1)
No lot or tract of land shall be created that does not meet
the minimum design standards required by this chapter and existing
Township regulations.
(2)
No structure shall be relocated which does not meet the minimum
design standards required by this chapter and existing Township regulations.
(3)
No increase is made in the overall density and no additional
lots are created.
(4)
The site and/or stormwater management facilities are not altered
in a manner that affects the discharge of stormwater to an adjacent
property or significantly relocates a major stormwater management
facility within the project.
(5)
Street locations and block sizes shall not be changed.
(6)
The character and land use of the original application shall
be maintained.
[Ord. No. 146, 3/4/2021]
1.
Application Requirements. A request for a modification may be submitted to the Township at any time. All requests shall be in writing and include a completed application for consideration of a modification as provided by the Township, and accompanied by a plan prepared at least to the standards of a sketch plan (see § 22-402). The written request shall identify:
A.
The specific section of this chapter which is requested to be modified.
B.
The provisions proposed as an alternate to the requirements. The
alternate provisions must be consistent with the intent of this chapter
and shall not be detrimental to the health, safety and welfare of
the general public.
C.
Justification for the Modification. The request shall state in full
the grounds and facts of unreasonableness or hardship on which the
request is based.
2.
Township Action.
A.
A modification request that is submitted as part of an application for subdivision, land development plan, lot add-on, improvement construction or stormwater management plan shall be processed along with that application of which it is a part. The plan processing procedures outlined in § 22-303 shall apply.
