A.
There are three stages in the procedure for approval of subdivision
and land development plans. These stages are necessary to enable the
Planning Commission and the Board of Commissioners to have an adequate
opportunity to review the submissions and to ensure that their formal
recommendations are reflected in the final plans.
B.
The separate stages of approval include the submission of an optional
sketch plan, a preliminary plan and a final plan. These plans differ
in their purpose and required level of detail. The table below indicates
the recommended and required plans for the different types of submissions:
|
Plan Approval Stage
|
Type of Submission
| ||||
|---|---|---|---|---|---|
|
Minor Subdivision
|
Major Subdivision
|
Land Development
|
Agricultural Subdivision
| ||
|
Sketch plan
(See § 180-13)
|
Recommended
(not required)
|
Recommended
(not required)
|
Recommended
(not required)
|
(Not required; see § 180-18 for procedure)
| |
|
Preliminary plan
|
Not required
|
Required
|
Required
|
(Not required; see § 180-18 for procedure)
| |
|
Final plan
|
Required
|
Required
|
Required
|
(Not required; see § 180-18 for procedure)
| |
C.
Review periods.
[Amended 6-21-1995 by Ord. No. 457]
(1)
Sketch plans shall be limited to a single submission, without revisions,
and should require no more than a sixty-day review period. A revised
sketch plan submission shall only be accepted as a new submission
and shall be accompanied by a new fee.
(2)
The review process required for either a preliminary or final plan
shall include no more than 90 days, starting from the date of the
regular meeting of the Planning Commission next following the date
the application is accepted by the Manager, provided that, should
the next regular meeting occur more than 30 days following the acceptance
of the application, said ninety-day period shall be measured from
the 30th day following the day the application has been accepted and
ending with the applicant being notified of the decision of the Board
of Commissioners.
D.
The submission of a preliminary or final plan which, in the opinion
of the Board of Commissioners, has been substantially revised shall
constitute a new and separate submission.
F.
The applicant is encouraged to meet informally with either the Planning
Commission and/or the Montgomery County Planning Commission to obtain
information regarding zoning and subdivision alternatives prior to
the initial submission.
A.
Purpose.
(1)
The purpose of the sketch plan, which is an optional submission,
is to afford the applicant the opportunity to consult early and informally
with both the Planning Commission and the Montgomery County Planning
Commission before the preparation of the preliminary or final plan
and formal application for approval.
(2)
During the sketch plan process, the applicant can advantageously
make use of the services of both Planning Commissions to help him
analyze the problem of the development and plan more adequately for
its sound coordination with the community. The sketch plan process
also affords the opportunity to give informal guidance to the applicant
at a stage when potential points of difference can be more easily
resolved. It can also simplify official action and save unnecessary
expense and delay.
B.
Deposits and fees.
(2)
The Manager shall collect and immediately deposit all Township fees
in the proper Township bank account, as directed by the Board of Commissioners,
and shall collect and transmit all other fees to applicable agencies.
(3)
Any revised sketch plan submission shall be accompanied by a new
fee.
[Added 6-21-1995 by Ord. No. 457]
C.
Procedure.
(2)
The applicant shall submit 15 copies of the sketch plan and one application
form to the Manager.
[Amended 9-18-1990 by Ord. No. 401]
(3)
The Manager shall check the submission for completeness and, if the
submission is incomplete, shall notify the applicant within seven
days and indicate the deficiencies. If the application is complete,
the Manager shall accept the sketch plan and application form.
(4)
The Manager shall immediately distribute copies of the sketch plan,
application forms and applicable fees in the following manner:
[Amended 9-18-1990 by Ord. No. 401]
(7)
The Planning Commission may, within 30 days following acceptance
of the sketch plan application, meet with the applicant to review
the submission.
(9)
The Montgomery County Planning Commission shall, within that period
of time permissible under the Pennsylvania Municipalities Planning
Code,[2] review the sketch plan and prepare a report for the Planning
Commission and Board of Supervisors.
[Amended 8-16-1989 by Ord. No. 387]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
The Board of Commissioners should, within 60 days following
acceptance of the sketch plan application:
(a)
Review the report of the Montgomery County Planning Commission
and the recommendations of the Township Engineer, Zoning Officer and
Planning Commission.
(b)
Determine whether the sketch plan meets the objectives and requirements
of this chapter and other pertinent regulations and ordinances.
(c)
Recommend revisions, if any, so that the subsequent preliminary
or final plan will conform to Township regulations and ordinances.
(d)
Forward its recommendations to the applicant and the Planning
Commission for informational purposes.
A.
Purpose. The purpose of the preliminary plan is to obtain formal
conditional approval in order to minimize changes and revisions before
final plans are submitted.
B.
General.
(1)
A preliminary plan shall be submitted conforming to the changes recommended
during the sketch plan process, if any.
C.
D.
Procedure.
(3)
The applicant shall submit to the Manager:
[Amended 9-18-1990 by Ord. No. 401]
(4)
The Manager shall check the submission for completeness. No application shall be deemed complete unless and until all items in Subsection D(3)(a) through (e) hereinabove have been submitted. If the submission is incomplete, the Manager shall notify the applicant within seven days and indicate the deficiencies. If the application is complete, the Manager shall accept the preliminary plan, application form and fees.
(5)
The Manager shall immediately distribute copies of the preliminary
plan, application forms and applicable fees in the following manner:
[Amended 9-18-1990 by Ord. No. 401]
(a)
One copy, and one copy of the sewage facilities planning module,
to the Montgomery County Planning Commission.
(b)
One copy, and one copy of the sewage facilities planning module,
to the Montgomery County Department of Health.
(c)
One copy, and one copy of the sewage facilities planning module,
to the Township Engineer.
(d)
Four copies, and two copies of the sewage facilities planning
module, to the Zoning Officer.
(e)
Six copies, and six copies of the sewage facilities planning
module, to the Board of Commissioners.
(f)
Three copies, and three copies of the sewage facilities planning
module, to the Planning Commission.
(g)
Two copies, and two copies of the sewage facilities planning
module, to be retained by the Manager.
(7)
The Zoning Officer should, within 30 days following acceptance of
the preliminary plan application:
[Amended 4-18-1990 by Ord. No. 394]
(8)
The Planning Commission may, within 30 days following acceptance
of the preliminary plan application, meet with the applicant to review
the submission.
(9)
The Montgomery County Planning Commission shall, within that period
of time permissible under the Pennsylvania Municipalities Planning
Code,[4] review the preliminary plan and prepare a report for the
Planning Commission and Board of Supervisors.
[Amended 8-16-1989 by Ord. No. 387]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
The Planning Commission should, within 60 days following acceptance
of the preliminary plan application:
(a)
Review the reports of the Montgomery County Planning Commission,
Montgomery County Conservation District and the recommendations of
the Township Engineer and Zoning Officer.
(b)
Discuss the submission with the applicant at the discretion
of the Planning Commission.
(c)
Determine whether the preliminary plan meets the objectives
and requirements of this chapter and other pertinent regulations and
ordinances.
(d)
Recommend revisions, if any, so that the plan will conform to
Township regulations and ordinances.
(e)
Recommend approval or disapproval of the preliminary plan in
a written report to the Board of Commissioners.
(11)
The Board of Commissioners should, within 75 days and shall
within 90 days following the date of the first meeting of the Planning
Commission next following the date of the acceptance of the preliminary
plan application:
(a)
Review the reports of the Planning Commission, Montgomery County
Planning Commission and Montgomery County Conservation District and
the recommendations of the Township Engineer, Zoning Officer and other
reviewing agencies.
(b)
Determine whether the preliminary plan meets the objectives
and requirements of this chapter and other pertinent regulations and
ordinances.
(c)
Approve or disapprove the preliminary plan. If approved the
Board of Commissioners shall express its approval and state the conditions
of approval, if any. If disapproved, the Board of Commissioners shall
state the reasons for this action.
(12)
The decision of the Board of Commissioners and any conditions
imposed by the Board of Commissioners shall be in writing and shall
be communicated to the applicant or his agent personally or mailed
to him at the last known address not later than 15 days following
the decision or within such time limits as may be required by the
Pennsylvania Municipalities Planning Code.[5]
[Amended 8-16-1989 by Ord. No. 387]
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(13)
Approval of the preliminary plan shall not constitute approval
of the final plan or authorize the sale of lots or construction of
buildings. Furthermore, approval shall be rescinded automatically
upon the applicant's or applicant's agent's failure
to accept or reject any conditions imposed by the Board of Commissioners
within seven days of receipt of the written decision.
[Amended 8-16-1989 by Ord. No. 387]
(14)
If the preliminary plan is disapproved, the applicant may file
a revised preliminary plan with the Manager in order to secure approval.
No fee will be charged for the first revision, but all successive
submissions shall pay the fee for preliminary plans and shall replenish
the escrow deposit to its original amount.
A.
Purpose. The purpose of the final plan is to require formal approval by the Board of Commissioners before plans for all subdivisions and land developments are recorded as required by § 180-24.
B.
General.
(1)
The final plan shall conform to the preliminary plan, as approved.
C.
D.
Procedure.
(2)
(3)
The Manager shall check the submission for completeness. No application shall be deemed complete unless and until all items in Subsection D(2)(a) through (e) hereinabove have been submitted. If the submission is incomplete, the Manager shall notify the applicant within seven days and indicate the deficiencies. If the application is complete, the Manager shall accept the final plan, application form and fees.
(4)
The Manager shall immediately distribute copies of the final plan,
application form and applicable fees in the following manner:
(a)
One copy to the Montgomery County Planning Commission.
(b)
One copy to the Montgomery County Conservation District.
(c)
One copy to the Township Engineer.
(d)
Three copies to the Zoning Officer.
(e)
One copy to the Township Solicitor.
(f)
Six copies to the Board of Commissioners.
(g)
One copy to be retained by the Manager.
(6)
The Zoning Officer should, within 30 days following acceptance of
the final plan application:
[Amended 4-18-1990 by Ord. No. 394]
(8)
The Planning Commission may, within 30 days following acceptance
of the final plan application, meet with the applicant to review the
submission.
(9)
The Montgomery County Planning Commission shall, within that period
of time permissible under the Pennsylvania Municipalities Planning
Code,[3] review the final plan and prepare a report for the Planning
Commission and Board of Supervisors.
[Amended 8-16-1989 by Ord. No. 387]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
The Planning Commission should, within 60 days following acceptance
of the final plan application:
(a)
Review the reports of the Montgomery County Planning Commission
and Montgomery County Conservation District; and the recommendations
of the Township Engineer, Zoning Officer and Township Solicitor.
(b)
Discuss the submission with the applicant, at the discretion
of the Planning Commission.
(d)
Recommend revisions, if any, so that the plan will conform to
Township regulations and ordinances.
(e)
Recommend approval or disapproval of the final plan in a written
report to the Board of Commissioners.
(11)
The Board of Commissioners should, within 75 days and shall
within 90 days following the date of the first meeting of the Planning
Commission next following the date of the acceptance of the final
application:
(a)
Review the reports of the Planning Commission, Montgomery County
Planning Commission and Montgomery County Conservation District and
the recommendations of the Township Engineer, Zoning Officer, Township
Solicitor and other reviewing agencies.
(c)
Approve or disapprove the final plan. If disapproved, the Board
of Commissioners shall state the reasons for this action.
(12)
The decision of the Board of Commissioners and any conditions
imposed by the Board of Commissioners shall be in writing and shall
be communicated to the applicant or his agent personally or mailed
to him at the last known address not later than 15 days following
the decision or within such time limits as may be required by the
Pennsylvania Municipalities Planning Code.[4] Furthermore, approval shall be rescinded automatically
upon the applicant's or applicant's agent's failure
to accept or reject any conditions imposed by the Board of Commissioners
within seven days of receipt of the written decision.
[Amended 8-16-1989 by Ord. No. 387]
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(13)
(14)
If the final plan is disapproved, the applicant may file a revised
final plan with the Manager in order to secure approval. No fee will
be charged for the first revision, but all successive submissions
shall pay the fee for final plans and shall replenish the escrow deposit
to its original amount.
A.
Purpose. In the case of minor subdivisions, it is the purpose of
this section to provide a simplified procedure by which said minor
subdivisions may be submitted and approved.
B.
General.
[Amended 8-16-1989 by Ord. No. 387]
(1)
In the event that the proposed subdivision shall involve a change in the location of streets, sanitary or storm sewers, water mains, culverts or other municipal improvements, then the provisions of this section on minor subdivisions shall not be applicable, and the applicant shall be required to comply with the requirements of § 180-15.
C.
D.
Procedure.
(3)
The applicant shall submit to the Manager:
(4)
The Manager shall check the submission for completeness. No application shall be deemed complete unless and until all items in Subsection D(3)(a) through (e) hereinabove have been submitted. If the submission is incomplete, the Manager shall notify the applicant within seven days and indicate the deficiencies. If the application is complete, the Manager shall accept the final minor subdivision plan, application form and fees.
(5)
The Manager shall immediately distribute copies of the final minor
subdivision plan, application forms and applicable fees in the following
manner:
[Amended 9-18-1990 by Ord. No. 401]
(a)
One copy, and one copy of the sewage facilities planning module,
to the Montgomery County Planning Commission.
(b)
One copy, and one copy of the sewage facilities planning module,
to the Montgomery County Department of Health.
(c)
One copy, and one copy of the sewage facilities planning module,
to the Township Engineer.
(d)
Four copies, and two copies of the sewage facilities planning
module, to the Zoning Officer.
(e)
One copy to the Township Solicitor.
(f)
Six copies, and six copies of the sewage facilities planning
module, to the Board of Commissioners.
(g)
Three copies, and three copies of the sewage facilities planning
module, to the Planning Commission.
(h)
Two copies, and two copies of the sewage facilities planning
module, to be retained by the Manager.
(9)
The Planning Commission may, within 30 days following acceptance
of the final minor subdivision plan application, meet with the applicant
to review the submission.
(10)
The Montgomery County Planning Commission shall, within that
period of time permissible under the Pennsylvania Municipalities Planning
Code,[5] review the final plan and prepare a report for the Planning
Commission and Board of Supervisors.
[Amended 8-16-1989 by Ord. No. 387]
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(11)
The Planning Commission should, within 60 days following acceptance
of the final minor subdivision plan application:
(a)
Review the reports of the Montgomery County Planning Commission
and Pennsylvania Department of Environmental Resources and the recommendations
of the Township Engineer, Zoning Officer and Township Solicitor.
(b)
Discuss the submission with the applicant at the discretion
of the Planning Commission.
(c)
Determine whether the final minor subdivision plan meets the
objectives and requirements of this chapter and other pertinent regulations
and ordinances.
(d)
Recommend revisions, if any, so that the plan will conform to
Township regulations and ordinances.
(e)
Recommend approval or disapproval of the final minor subdivision
plan in a written report to the Board of Commissioners.
(12)
The Board of Commissioners should, within 75 days and shall
within 90 days following the date of the first meeting of the Planning
Commission next following the date of the acceptance of the final
minor subdivision plan application:
(a)
Review the reports of the Planning Commission, Montgomery County
Planning Commission and Pennsylvania Department of Environmental Resources
and the recommendations of the Township Engineer, Zoning Officer,
Township Solicitor and other reviewing agencies.
(b)
Determine whether the final minor subdivision plan meets the
objectives and requirements of this chapter and other pertinent regulations
and ordinances.
(c)
Approve or disapprove the final minor subdivision plan. If disapproved,
the Board of Commissioners shall state the reasons for this action.
(13)
The decision of the Board of Commissioners and any conditions
imposed by the Board of Commissioners shall be in writing and shall
be communicated to the applicant or his agent personally or mailed
to him at the last known address not later than 15 days following
the decision or within such time limits as may be required by the
Pennsylvania Municipalities Planning Code.[6] Furthermore, approval shall be rescinded automatically
upon the applicant's or applicant's agent's failure
to accept or reject any conditions imposed by the Board of Commissioners
within seven days of the receipt of the written decision.
[Amended 8-16-1989 by Ord. No. 387]
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
(14)
If the final minor subdivision plan is approved:
(a)
The Board of Commissioners shall adopt a resolution approving
the final minor subdivision plan.
(15)
If the final minor subdivision plan is disapproved, the applicant
may file a revised final minor subdivision plan with the Manager in
order to secure approval. No fee will be charged for the first revision,
but all successive submissions shall pay the fee for final minor subdivision
plans and shall replenish the escrow deposit to its original amount.
A.
Prior to recording the approved final plan:
(1)
The Township shall record the memorandum of improvements agreement
in the office of the Recorder of Deeds of Montgomery County, if applicable.
B.
Copies of the approved final plan shall, within 90 days of the date
of approval, be recorded by the applicant in the office of the Recorder
of Deeds of Montgomery County. The applicant shall notify the Board
of Commissioners, in writing, of the date of such recording and the
plan book and page wherein such subdivision or land development is
recorded. If the plan is not recorded within the ninety-day period,
the approval shall lapse and become void.
C.
Effect of recording.
(1)
After a subdivision or land development has been duly recorded, the
streets, parks and other public improvements shown thereon shall be
considered to be a part of the Official Map of the Township.
(2)
Streets, parks and other public improvements shown on a subdivision
or land development plan to be recorded, may be offered for dedication
to the Township by formal notation thereof on the plan, or the owner
may note on the plan that such improvements have not been offered
for dedication to the Township.
(3)
Every street, park or other improvement shown on a subdivision or
land development plan that is recorded, as provided herein, shall
be deemed to be a private street, park or improvement until such time
as the same has been offered for dedication to the Township and accepted,
by resolution, and recorded in the office of the Clerk of the Court
of Common Pleas of Montgomery County or until it has been condemned
for use as a public street, park of improvement.
A.
The subdivision by lease of land for agricultural purposes into lots
of more than 10 acres, not involving any new street or easement of
access or residential dwelling, shall be exempted from this chapter.
To ensure compliance with the criteria for exemption, no owner shall
effect a subdivision or land development, even for agricultural purposes
in lots of more than 10 acres, unless the owner receives a certification
of exemption from the Board of Commissioners based upon the owner's
written proof that:
B.
The Board of Commissioners shall review the request for exemption.
If satisfied that the above criteria are met, the Board of Commissioners
shall issue a written certification of exemption. If the Board of
Commissioners find that all of the criteria are not met, the Board
of Commissioners shall notify the owner that the proposed subdivision
is required to comply with all of the procedures and requirements
of this chapter.
