A.
All preliminary and final subdivision or land development
plans shall be reviewed by the Township Planning Commission and the Montgomery
County Planning Commission and shall be approved or disapproved by the Board
of Supervisors in accordance with the procedure specified in this article
and in other sections of this chapter. Any application not processed as required
hereafter shall be null and void unless it was made prior to the adoption
of these regulations.
B.
All subdivision applications shall be, for the purposes
of procedure, classified as either minor or major, as follows:
(1)
Minor subdivisions are those in which no road (public
or private) is to be constructed or widened; no other improvements (including
but not limited to walkways, curbs, gutters, street lights, fire hydrants,
shade trees, water mains, sanitary sewers or storm drainage facilities) requiring
a performance bond or escrow are to be constructed; and no earthmoving activities
except those incidental to construction of a single-family dwelling on each
proposed lot will take place. No more than three minor subdivisions shall
be approved over any period of time for any original tract or parcel of ground.
When three minor subdivisions have been submitted and approved for any original
parcel, each succeeding submission shall be submitted as a major subdivision.
(2)
Major subdivisions comprise all other subdivisions and
all land developments not involving the above minor subdivision requirements.
C.
Landowners submitting an application for a minor subdivision may elect to submit such application in the form of a final plan, in which event the procedures set forth in §§ 169-11 and 169-12 hereof shall not be applicable. Nothing herein contained, however, shall prevent such landowner from first submitting a sketch plan and/or a preliminary plan. Major subdivision applications shall be subject to all preliminary and final review procedures specified in this article.
Plans shall be submitted to the following agencies by the Township for
review:
A.
Montgomery County Planning Commission. Copies of all
sketches, preliminary and final plans shall be submitted to the Montgomery
County Planning Commission for their review and comment.
B.
Montgomery County Conservation District. One copy of
preliminary plans shall be submitted to the Montgomery County Conservation
District for review of matters relating to drainage and abatement of soil
erosion.
C.
The Township shall be responsible for submitting plans
to other agencies within five days after receipt.
A.
A sketch plan for all proposed subdivisions or development
of land located within the Township may, at the developer's option, be
submitted to the Township Planning Commission for review.
B.
Such sketch plans shall be considered as submitted for
informal discussion between the developer and the Planning Commission. Submission
of a sketch plan does not constitute submission of an application for approval
of a subdivision or land development plan.
C.
For informational purposes, seven copies of the sketch
plan may be submitted to the Township Secretary, for distribution to the Township
Engineer, Planning Commission, Board of Supervisors and the Montgomery County
Planning Commission.
D.
In the event that any developer shall intend to make
major changes in the contour of any land proposed to be subdivided, developed
or changed in use by grading, excavating or the removal of destruction of
the natural topsoil, trees or other vegetative covering thereon, the developer
shall consult with the Montgomery County Conservation District prior to or
concurrently with submission of the sketch plan.
A.
After receiving the written comments of the Township Engineer and all other agencies, the Planning Commission shall consider the suitability of the sketch plan for the development of the land and its relationship to the proper extension of streets and utilities, arrangement and density of housing, and compatibility of the plan with the Comprehensive Plan and Chapter 200, Zoning, for the Township, and shall submit its written recommendations to the Board and the applicant.
B.
The applicant may, if desired, request further review
of the sketch plan by the Board. If further review is requested, the Board,
after considering the written recommendations of the Planning Commission all
other agencies and Township Engineer, shall advise the applicant as to requested
plan modifications it shall deem necessary or advisable.
A.
The preliminary plan shall conform to the requirements
of this chapter.
B.
Copies of the preliminary plan and all required supplementary
data shall be initially and officially submitted to the Township Secretary,
together with the required fees as prescribed by Resolution of the Board.
The Township Secretary shall note the date of receipt and shall transmit such
plans to the Board of Supervisors, the Township Planning Commission, the County
Planning Commission, the Township Engineer and such other persons or agencies
as the Board of Supervisors shall determine.
C.
Official submission of a preliminary plan to the Township
Secretary shall consist of:
D.
Upon receipt of the above, the Township Secretary shall
forward one copy of the application for review, five prints of the preliminary
plan and all other required plans to the Township Planning Commission; three
prints of the preliminary plan and all other required plans to the Township
Board of Supervisors; and one print of the preliminary plan and one print
of all other required plans to the Township Engineer, and the Montgomery County
Planning Commission. One copy of all plans submitted shall be retained in
the Township files.
A.
Township Planning Commission.
(1)
The Township Planning Commission shall, within 60 days,
review the plan and the recommendations of the other agencies and the Township
Engineer.
(2)
After such review, and any recommendation, the Secretary
of the Planning Commission shall send written notice of the action of the
Planning Commission and the reasons therefor, citing specific sections of
statutes or ordinances relied upon, to the Township Supervisors.
B.
Board of Supervisors.
(1)
When a preliminary plan has been officially submitted
to the Board of Supervisors by the Planning Commission, such plan shall be
placed on its agenda for review.
(2)
In acting on the preliminary subdivision or land development
plan, the Board shall review the plan and the written comments of the Township
Engineer, the Planning Commission, the Montgomery County Planning Commission,
and all other reviewing agencies, and comments from public hearings, if any,
to determine its conformance to existing ordinances. The Board may alter any
subdivision or land development plan and specify conditions, changes, modifications
or additions thereto, which it deems necessary, and may make its decision
to grant preliminary approval subject to such conditions, changes, modifications
or additions.
(3)
The Board shall render a decision on all preliminary
plans and communicate it to the applicant not later than 90 days following
the date of the regular meeting of the Planning Commission next following
the date the application is filed, provided that, should the said next regular
meeting occur more than 30 days following the filing of the application, the
said ninety-day period shall be measured from the 30th day following the day
the application has been filed.
(4)
The decision of the Board 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, or the end of the said
ninety-day period, whichever shall first occur. The form and content of the
decision shall comply with applicable requirements of the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Within five years after approval of the preliminary plan,
a final plan and all necessary supplementary data shall be officially submitted
to the Township Secretary.
[Amended 3-9-2005 by Ord. No. 292]
B.
The final plan shall conform to the requirements of this
chapter.
C.
The Board of Supervisors may permit submission of the
final plan in sections, each covering a reasonable portion of the entire proposed
development as shown on the approved preliminary plan, provided that the first
final plan section shall be submitted within the said one-year period, and
the last final plan section shall be submitted within five years.
[Amended 3-9-2005 by Ord. No. 292]
D.
Failure to make timely submission of final plans renders
void a preliminary plan approval, and the applicant shall be required to file
a new application for preliminary plan approval.
E.
Official submission of the final plan to the Township
Secretary shall consist of:
F.
Copies of the final plan and all required supplementary
data shall be initially and officially submitted to the Township Secretary.
After the required fees have been paid, the Township Secretary shall note
the date of receipt and shall then forward five prints of the final plan to
the Township Planning Commission, three prints of the final plan and one copy
of the application for final review to the Township Board of Supervisors,
one print of the final plan to the Township Engineer and the Montgomery County
Planning Commission.
A.
Township Planning Commission.
(1)
The Planning Commission shall, within 60 days, review
the plan and the recommendations of the other agencies, the Township Engineer
and any other reviewing agencies.
(2)
After such meeting, the Secretary of the Planning Commission
shall send written notice of the action of the Planning Commission and the
reasons therefor, citing specific sections of statutes or ordinances relied
upon, to the Board of Supervisors.
B.
Board of Supervisors.
(1)
When a written report on a final plan has been officially
returned to the Board of Supervisors by the Planning Commission, such plan
shall be placed on the agenda of the Board of Supervisors for review.
(2)
Decision.
(a)
Upon receipt of the Planning Commission's recommendation
and other supporting information, the Board shall, at one or more regular
or special public meetings, review the final plan and shall, within the time
limitations set forth below, either approve or disapprove the plan.
(b)
Notwithstanding the foregoing procedure, the Board shall
render a decision on all final plans and communicate it to the applicant not
later than 90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed, provided that,
should the said next regular meeting occur more than 30 days following the
filing of the application, the said ninety-day period shall be measured from
the 30th day following the day the application has been filed.
(c)
The decision of the Board 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, or the end of the said
ninety-day period, whichever shall first occur. The form and content of the
decision shall comply with applicable requirements of the Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Copies of the final plan as finally approved, with the
appropriate endorsement of the Board of Supervisors and the Township Engineer,
shall be distributed as follows:
C.
Every final plan approval shall be subject to the following
conditions:
(1)
That the landowner shall execute a subdivision and land development agreement in accordance with § 169-18.
(3)
The landowner agrees, if requested, to tender a deed
of dedication to the Township for such streets, any and all easements for
sanitary sewers, water lines or storm sewers and improvements thereto, including
street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary
and storm sewers, manholes, inlets, pumping stations and other appurtenances
as shall be constructed as public improvements and as are required for the
promotion of public welfare, after all streets, sidewalks, sewers and the
like are completed and such completion is certified as satisfactory by the
Township Engineer. The Board may require that the applicant supply a title
insurance certificate from a reputable company before any property is accepted
for the Township.
(4)
Any required governmental agency approval, not yet secured
or received (DER, Highway Occupancy, etc.) must be presented prior to the
issuance of any building permit or prior to commencement of construction.
