A sketch plan for any proposed subdivision and/or
land development may, at the option of the landowner or developer,
be submitted to the Township for review. The submission of a sketch
plan does not constitute submission of an application for approval
of a subdivision and/or land development plan. However, it does represent
a basis for an informal discussion between the Township and the landowner
or developer, which may prove to be valuable to the prospective applicant
in formulating plans, documents and other submissions for preliminary
plan approval. In the event that the landowner or developer submits
a sketch plan, the following shall apply:
A. The applicant shall submit the required fees, a sketch
plan checklist, and 16 copies of the sketch plan to the Township Manager
at least 14 days prior to the Planning Commission meeting at which
the plan may be reviewed. The Township Manager shall forward the required
number of the properly submitted sketch plans and required application
form and checklist to the agencies as designated below:
(1) One copy shall be retained by the Township Manager
for Township files.
(2) One copy shall be forwarded to the Township Road Foreman
for review and comment.
(3) One copy shall be forwarded to the Township Engineer
for review and comment.
(4) Five copies shall be forwarded to the Board of Supervisors.
(5) Three copies of the plan(s), documents and other submissions
and one copy of the application form shall be used for informal review
purposes by the Planning Commission.
(6) One copy shall be forwarded to the Township Fire Marshal.
(7) One copy of the plan(s), documents and other submissions
shall be forwarded to the Township Code Enforcement Officers and one
copy to the Building Inspector for review and comment.
(8) Two copies shall be available for referral to other
planning agencies or consultants.
B. In addition to furnishing copies of the sketch plan,
the landowner or developer shall identify the name, address and telephone
number of the holder of legal title to the land involved, the nature
of the landowner's interest in the land (whether holder of legal or
equitable title or otherwise), and the name, address and telephone
number of the agent, if any. Such information shall be provided in
writing.
C. The Township may submit the necessary copies of the
sketch plan to the Delaware County Planning Department, which may
provide an advisory recommendation to the Township Planning Commission.
D. The Planning Commission shall review the sketch plan,
and the Project Manager shall indicate any and all review comments
pertaining to the plan to the landowner or developer by written correspondence
per the standards of the Township Planning Commission.
E. The Planning Commission's review shall take into consideration the requirements of this chapter, Chapter
210, Zoning, and the Comprehensive Plan and shall pay particular attention to the following: the
arrangement, location and width of streets and their relation to the
topography of the site; the arrangement, size and location of lots
and proposed structures, if any; drainage; sewage disposal and water
supply; the relation of the subdivision and/or land development to
the natural features of the site; the potential further development
of adjoining lands which may not yet be subdivided; the compatibility
of the sketch plan with the Comprehensive Plan; and the requirements set forth in Article
IV pertaining to the sketch plan submission.
F. Neither the Planning Commission, the Board of Supervisors
nor the applicant shall be bound by the sketch plan.
The preliminary subdivision and/or land development plan shall be prepared in accordance with this chapter, including this article and Articles
V and
VII. When a preliminary plan is filed, the following shall apply:
A. The applicant shall complete and sign the application
form provided by the Township and shall accompany such application
form with the type and number of plans, preliminary plan checklist,
documents and other submissions required and the appropriate filing
fee(s). The applicant must identify the name, address and telephone
number of the record holder of legal title to the land involved (if
different from the applicant), the nature of the applicant's interest
in the land (whether holder of legal or equitable title or otherwise)
and the name, address and telephone number of the agent, if any. No
application shall be deemed filed unless all requirements have been
met and all fees therefor paid in full.
B. Thirteen black-line or blue-line prints of the plans
forming the preliminary plan and 12 neatly bound, clear and legible
copies of all required documents and other submissions shall be submitted
to the Township Manager to be distributed along with copies of the
application form as follows:
[Amended 1-5-1998 by Ord. No. 221]
(1) One copy of the application form and one copy of the
plan(s) and profiles shall be retained by the Township Manager for
the Township files.
(2) One copy of the plan shall be forwarded to the Township
Road Foreman for review and comment.
(3) One copy of the application form and one copy of the
plan(s), documents and other submissions shall be forwarded to the
Township Engineer for review and comment.
(4) Five copies of the plan(s), documents and other submissions
shall be forwarded to the Board of Supervisors.
(5) Three copies of the plan(s) and one copy of documents
and other submissions and one copy of the application form shall be
used for review purposes by the Planning Commission.
(6) One copy of the plan shall be forwarded to the Township
Fire Marshal.
(7) One copy of the plan(s), documents and other submissions
and one copy of the application form shall be forwarded to the Delaware
County Planning Department for review and comment.
(8) One copy of the plan(s), documents and other submissions
shall be forwarded to the Township Code Enforcement Officers and one
copy to the Building Inspector for review and comment.
(9) Two copies of the plan and one copy of documents and
submissions shall be available for referral to other planning agencies
or consultants.
C. Where any one or combination of the following items
are involved, additional sets of plans shall be required and submitted
for the Township Engineer and to the Township:
(4) Public water supply systems or community water supply
systems.
D. The preliminary plan and application for subdivision
and/or land development shall be submitted at least eight days prior
to the regular monthly public meeting of the Board of Supervisors.
If deemed a complete application, the preliminary plan shall be formally
accepted by the Board of Supervisors, and the ninety-day review period
shall commence at the next regularly scheduled Planning Commission
meeting following the Board of Supervisors meeting where formal acceptance
was granted.
E. The Township Engineer shall submit review comments
on said plan by letter or memorandum to the Planning Commission with
copies to the Township Manager and the Board of Supervisors.
F. The applicant shall notify the abutting owners that
a preliminary plan proposed for the subject tract has been filed.
Such notification shall occur at least 10 days prior to the meeting
at which time the preliminary plan is to be presented to and discussed
by the Planning Commission. Evidence of such notification in the form
of a certified mail receipt shall be presented to the Planning Commission
at said meeting.
G. The Township shall request the County Planning Department
to review the preliminary plan and submit an advisory recommendation
report to the Township Planning Commission.
H. The Township Planning Commission may perform the following:
(1) Review all applicable reports from the County Planning
Department, Township Engineer, Township Planning Consultant, appropriate
Water and/or Sewer Authority, Pennsylvania Department of Transportation,
Soil Conservation District and other reviewing agencies;
(2) Discuss the submission with the applicant; and
(3) Recommend revisions so that the plan will conform
to Township ordinances;
I. The Township Planning Commission shall perform the
following:
(1) Determine whether the preliminary plan meets the requirements of this chapter, Chapter
210, Zoning, and the Comprehensive Plan of the Township; and
(2) Recommend approval, approval with conditions or disapproval
of the preliminary plan and communicate such by letter to the Board
of Supervisors and the applicant. In the case of a recommended disapproval,
the Planning Commission shall indicate the specific deficiencies and
the ordinance provisions which have not been met.
J. The Township Planning Commission may not be prepared
to review the application at its scheduled public meeting first following
the date of filing, in which case the discussion of the application
may be scheduled for a subsequent meeting.
K. During the course of the Planning Commission's review of the preliminary plan and prior to any action by the Board of Supervisors within the required ninety-day period, the preliminary plan may be revised by the applicant as requested by the Township. The submittal of a revised plan not precipitated by Township comment which involves substantive change requiring an additional review shall restart the required ninety-day period. Sixteen copies of any revised preliminary plan and accompanying data shall be submitted which shall note the dates of any and all revisions and a summary of the nature thereof. The revised preliminary plan shall be submitted to the Township Manager at least eight days prior to the regular monthly public meeting of the Board of Supervisors. The revised preliminary plan shall be distributed by the Township Manager on the basis as set forth in §
160-12B.
L. After a report on the preliminary plan has been submitted
to the Board of Supervisors by the Planning Commission, the Board
shall place such preliminary plan on its agenda for review and action.
M. Before acting on any preliminary plan, the Board of
Supervisors or the Planning Commission may hold a public hearing thereon
after public notice.
N. The Board of Supervisors shall, within the review
period:
(1) Review the recommendation of the Township Planning
Commission and other reviewing agencies;
(2) Determine whether the preliminary plan meets the objectives
and requirements of this chapter, other ordinances of Concord Township
and other applicable regulations.
(3) Approve or disapprove the preliminary plan.
(4) The Board may make its decision to grant approval
of a preliminary plan subject to conditions, changes or additions.
(5) Whenever the Board of Supervisors approves a preliminary
plan subject to conditions, the applicant shall indicate, in writing,
whether such conditions are accepted or rejected within 15 days of
notification of the decision by the Board. Any approval by the Board
of Supervisors subject to conditions which is not accepted or rejected
by the applicant within the fifteen-day period shall be rescinded
automatically.
(6) In the case where the Planning Commission has concluded
that the preliminary plan meets all requirements of a final plan,
then upon the recommendation of the Planning Commission the Board
of Supervisors may consider the preliminary plan as a final plan and
may act thereupon accordingly.
O. Approval of the preliminary plan shall constitute
approval of the subdivision and/or land development as to the character
and intensity but shall not constitute approval of the detail required
of the final plan nor authorize the sale of lots or construction of
buildings.
P. If the preliminary plan is disapproved, the applicant,
if he desires to proceed, shall file a revised preliminary plan following
the same submission and review procedures required for the previous
preliminary plan submission.
Q. The Board of Supervisors shall render a decision on
every preliminary plan and communicate it to the applicant not later
than 90 days following the date of the regular monthly public meeting
of the Planning Commission next following the date of the meeting
of the Board of Supervisors where formal acceptance of the complete
application was granted, provided that should the Planning Commission
meeting occur more than 30 days following the filing of such application,
said ninety-day period shall be measured from the 30th day following
the day the complete application has been filed.
R. The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision or at the end of the
above-mentioned ninety-day period, whichever shall occur first.
S. In the event that the preliminary plan is not approved
in terms as filed, the decision shall specify the defects found in
the preliminary plan for subdivision and/or land development and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute or ordinance relied upon.
T. If the preliminary plan is approved by the Board of Supervisors, the applicant may proceed to submit a final plan for approval as set forth in §
160-13 and Article
VI.
U. A preliminary minor subdivision and/or land development
plan, upon recommendation of the Planning Commission, may be permitted
to proceed to a final minor plan submission in accordance with the
comments of the Planning Commission and the Board of Supervisors.
The procedure for approval of final subdivision and/or land development plans shall be identical to the procedure as outlined for preliminary plans in §
160-12, except that:
A. Within one year after the date of approval of the
preliminary plan, the applicant shall file a final plan and all supplementary
information, data and documents, together with a completed and signed
application form provided by the Township and the appropriate filing
fees, at least eight days prior to the regularly monthly public meeting
of the Board of Supervisors. No such application shall be deemed filed
unless all requirements have been met and all fees therefor paid in
full.
B. Unless an extension of time has been granted by the
Board of Supervisors upon written request of the applicant, a final
plan filed after the one-year period shall be considered a new preliminary
plan which shall be required to comply with all preliminary plan application
procedures of this chapter and shall be subject to a preliminary plan
application fee.
C. The Board of Supervisors may authorize submission
of the final plan in sections, each covering approximately 1/3 of
the entire area proposed for subdivision and/or land development or
1/3 of the number of buildings or other structures proposed for land
development as shown on the approved preliminary plan, provided that
the first final plan section shall be submitted within the aforementioned
one-year period and the last final plan section shall be submitted
within three years after the date of preliminary plan approval.
D. The final plan shall conform in all respects to the
preliminary plan.
E. Thirteen copies of the plans, including the final plan checklist, documents and other submissions comprising the final plan shall be filed with the Township Manager, who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in §
160-12B, provided that the required fees and financial security associated with the completion guaranty have been filed therewith.
F. The applicant shall prepare a planning module for
land development, as required by Chapter 71 of the Pennsylvania Sewage
Facilities Act.
G. The applicant shall submit a final plan that includes all the requirements set forth in Article
VI.
H. As per §
160-9J, all final plan submissions must include the following plans:
[Amended 1-5-1998 by Ord. No. 221]
(2) Conservation plan (required).
(3) Improvements construction plan (required).
(4) Profile(s) plan (required).
(5) Construction detail plan (required).
I. Highway occupancy permit.
(1) No plan which will require access onto a road under
the jurisdiction of the Pennsylvania Department of Transportation
(PennDOT) shall be finally approved unless the plan contains a notice
that a highway occupancy permit is required and has received preliminary
approval from PennDOT pursuant to Section 420 of Act 428, P.L. 1242,
No. 428, 36 P.S. § 670-420, as amended, known as the "State
Highway Law," before access to a state road is permitted. The Department
of Transportation shall, within 60 days of the date of receipt of
an application for a highway occupancy permit:
(a)
Approve the permit, which shall be valid thereafter
unless, prior to commencement of construction thereunder, the geographic,
physical or other conditions under which the permit is approved change,
requiring modification or denial of the permit, in which event the
Department shall give notice thereof in accordance with regulations;
(c)
Return the application for additional information
or correction to conform with Department regulations; or
(d)
Determine that no permit is required, in which
case, the Department shall notify the Township and the applicant,
in writing.
(2) If the Department shall fail to take any action within
the sixty-day period, the permit will be deemed to be issued. The
plan shall be marked to indicate that access to the state road shall
be only as authorized by a highway occupancy permit. The Department
shall not be liable in damages for any injury to persons or property
arising out of the issuance or denial of a permit or for failure to
regulate any access. Furthermore, the Township shall not be held liable
for damages to persons or property arising out of the issuance or
denial of a permit by the Department.
J. The Board of Supervisors shall, within the review
period:
(1) Review the recommendations of the Township Planning
Commission and other reviewing agencies.
(2) Determine whether the final plan meets the requirements
of this chapter, other ordinances of the Township and other applicable
regulations.
(3) Review the recommendations of the Department of Environmental
Protection (DEP), if any, and determine whether the plan is in conformance
with the Township's Official Sewage Facilities Plan.
(4) Approve or disapprove the final plan. Approval of
the final plan may include certain conditions of approval. Whenever
the final plan is approved subject to conditions, the applicant shall
indicate, in writing, whether such conditions are accepted or rejected
within 15 days of notification of the decision by the Board. Any approval
by the Board of Supervisors subject to conditions which is not accepted
or rejected by the applicant within the fifteen-day period shall be
rescinded automatically.
K. The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to the applicant at the address shown on the application form
not later than 15 days following the decision or at the end of the
above mentioned ninety-day period, whichever shall occur first.
L. In the event that the final plan is not approved in
terms as filed, the decision shall specify the defects found in the
final plan and describe the requirements which have not been met and
shall, in each case, cite to the provisions of the statute or ordinance
relied upon.
M. The applicant, if he desires to proceed, shall file
a revised final plan with the Township Manager, following the same
submission and review procedures required for the initial final plan
submission.
N. If the final plan is approved:
(1) Approval shall not be final until entry into a contract and the production of completion and maintenance guaranties as set forth in Article
X.
(2) Eight exact copies of the approved final plan shall be signed in accordance with §
160-15.
[Amended 1-5-1998 by Ord. No. 221]
O. Approval of the final plan shall not authorize the sale or transfer of lots or the development of land until construction is permitted to commence in accordance with §
160-16. Nor shall such approval constitute a waiver or release or assumption by the Township of any requirements of any Township ordinances, codes, regulations, plans or maps.
P. Every final plan approval shall be subject to the
following conditions:
(1) The applicant shall execute a subdivision and land development agreement, in accordance with §
160-14, unless exempted as a minor plan submission.
(2) The applicant shall execute a completion guaranty, in accordance with Article
X, where deemed applicable by the Board of Supervisors.
(3) The applicant shall tender a deed of dedication to
the Township, if requested by the Board of Supervisors, for public
improvements, easements and other appurtenances and improvements thereto
after such improvements are completed and such completion is certified
as being satisfactory by the Township Engineer.
(4) The filing with the Township of copies of all required
permits, approvals, agreements, clearances and the like from all required
governmental agencies (such as the Pennsylvania Department of Transportation,
the Pennsylvania Department of Environmental Protection and/or the
Township); authorities and companies which may provide water supply
or sewage disposal facilities; and pipeline easement holders or others.
(5) The applicant shall pay any fees which may be outstanding in accordance with Article
XII.
(6) Proof of recording the final plan in accordance with §
160-15.
Every applicant who seeks to obtain final plan approval, unless exempted as a minor plan, shall execute an agreement satisfactory to the Township (see the Appendixes) before the final plan is signed by the Board of Supervisors and recorded in accordance with §
160-15, respectively. The agreement shall include but need not be limited to the following:
A. That the applicant agrees that he will accurately lay out and properly construct all improvements and follow all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved or where any or all of these improvements or practices are required as conditions of approval and that the applicant will file an as-built plan in accordance with §
160-17 to confirm the same.
B. That the applicant shall complete the improvements and engage in the practices as referenced in §
160-14A within the time or times specified by the Board of Supervisors and in accordance with §
160-16.
C. That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the Township as set forth in Article
X.
D. That the applicant agrees to tender a deed of dedication
to the Township if requested by the Board of Supervisors for public
improvements, easements and other appurtenances and improvements thereto,
except that the Township shall not accept any offer of dedication
of the same by ordinance or resolution until their completion is certified
as being satisfactory by the Township Engineer and an as-built plan
is submitted and approved by the Township.
E. That the applicant shall pay the Township all of its
costs in connection with snow removal from the streets in the subdivision
or land development that are to be offered for dedication until such
time as such dedication is duly accepted by the Board of Supervisors.
F. That the applicant shall comply fully with all of
the terms and conditions of this chapter as the same relate to the
subdivision or land development and all other Township ordinances,
codes, regulations, plans and maps.
G. That the applicant shall pay to the Township plan review fees. Additionally, the applicant shall establish a three-party agreement and account for the creation, maintenance and/or inspection of improvements, Sewer Authority security and the park and recreation facilities required by this chapter. In lieu of the park and recreation facilities, the applicant shall pay to the Township an amount calculated in accordance with §
160-52 of this chapter.
[Amended 1-5-1998 by Ord. No. 221]
H. That the applicant shall obtain all necessary permits,
as applicable, including a land disturbance permit, a building permit
and those from the DEP, PennDOT and the Zoning Hearing Board.
I. That the applicant, in the event that any proposed
street is not intended to be offered for dedication or is not accepted
by the Board of Supervisors, accept stipulations which shall be noted
on the final plan, such as the following:
(1) That the Township shall not be responsible for repairing
or otherwise maintaining any undedicated streets.
(2) That the method of assessing repair and maintenance
costs of undedicated streets shall be established in recorded deed
restrictions so as to be binding on all successors, assigns or grantees.
(3) That if dedication be sought at any time, the street
shall conform in its entirety to Township design standards for the
same in all respects or that the owners of the lots shown on the approved
final plan, at their own expense, restore the street to conform with
or otherwise render the street in conformance with such standards.
J. The subdivision and land development agreement shall
be structured by the Township Solicitor to include provisions relating
to the above, as well as other matters pertaining to certificates
of insurance, water and sewer availability, emergency access, a three-party
escrow agreement and the like.