[Amended 6-12-1989 by Ord. No. 89-23]
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 submission and to ensure
that their formal recommendations are reflected in the final plans.
The separate stages of approval include the submission of an optional
sketch plan, a preliminary plan and a 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:
B.
Sketch plans shall require no more than a sixty-day
review period. The review process required for preliminary and final
plans 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 Township Engineer and ending
with the applicant being notified of the decision of the Board of
Commissioners.
C.
The submission of amended or revised plans, whether
in the form of a sketch, preliminary or final plan, shall constitute
a new application date, and the 60 or 90 days mentioned above for
the required review process shall begin upon the date of resubmission
of the amended or revised plans.
D.
The presentation of a preliminary plan and a final
plan shall each be considered a separate submission, and the maximum
ninety-day review period may be required for each. A sixty-day review
period may be required for a sketch plan. No limitations for the action
of any public official or agency set forth in this article shall be
construed as mandatory.
E.
The applicant is encouraged to meet informally with
the Township Engineer and the Director of Community Development to
obtain information regarding zoning and subdivision requirements and
development 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, the Director
of Community Development and the Township Engineer before the preparation
of the preliminary plan and formal application for approval.
(2)
During the sketch plan procedure, the applicant can
advantageously make use of the services of the Planning Commission,
the Director of Community Development and the Township Engineer to
help him analyze the problem of the development and plan more adequately
for its sound coordination with the community. The sketch plan procedure
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.
Deposit and fees. The Township shall collect and transmit
all fees to applicable agencies.
C.
Procedure.[1]
(1)
The applicant shall prepare the sketch plan and application form, including the data specified in § 255-19.
(2)
The applicant shall submit 15 copies of the sketch
plan and one application form to the Township Engineer.
[Amended 5-26-1987 by Ord. No. 87-13]
(3)
The Township Engineer 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 Township Engineer shall accept the sketch
plan and application form.
(4)
The Township Engineer shall retain four copies and
immediately distribute copies of the sketch plan and application form
in the following manner:
(5)
The Zoning Officer shall, within 30 days following
acceptance of the sketch plan application, review the zoning considerations
in the applicant's submission and make recommendations to the Township
Engineer.
(6)
The Planning Commission may, within 30 days following
acceptance of the sketch plan application, meet with the applicant
to review the submission.
(7)
The Township Engineer shall, within 30 days following
acceptance of the sketch plan application:
(8)
The Delaware County Planning Commission may review
the sketch plan and prepare a report for the Township Engineer and
the Planning Commission.
(9)
The Planning Commission shall, within 60 days following
acceptance of the sketch plan application:
(a)
Review the reports on the submission by the
Township Engineer and the Delaware County 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.
[1]
Editor's Note: A diagram outlining sketch plan procedure is included at the end of this chapter.
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 procedure, if any.
C.
D.
Procedure.[2]
(2)
The applicant shall submit to the Township Engineer:
(3)
The Township Engineer shall check the submission for
completeness and, if the submission is incomplete, shall notify the
applicant within 14 days and indicate the deficiencies. If the submission
is complete, the Township Engineer shall accept the preliminary plan
and applications.
(4)
The Township Engineer shall retain two copies and
immediately distribute the preliminary plan and applications in the
following manner:
[Amended 5-26-1987 by Ord. No. 87-13]
(a)
Four copies of the plan to the Delaware County
Planning Commission.
(b)
One copy of the plan to the Delaware County
Conservation District.
(c)
Nine copies of the plan to the Planning Commission.
(d)
One copy of the plan to the Radnor Township
Public Works Department.
(e)
One copy of the plan to the Radnor Township
Zoning Officer.
(f)
The application for the planning module for
land development to the Pennsylvania Department of Environmental Resources.
(7)
The Township Engineer shall, within 40 days following
acceptance of the preliminary plan application:
(8)
The Delaware County Planning Commission shall review
the preliminary plan and prepare a report for the Township Engineer,
Planning Commission and Board of Commissioners. The Board of Commissioners
shall not approve or deny any preliminary plan until it has received
the report from the County Planning Commission or until 30 days have
been allowed for receipt of such report.
[Amended 10-22-1990 by Ord. No. 90-49]
(9)
The Planning Commission shall, within 60 days following
acceptance of the preliminary plan application:
[Amended 5-28-1985 by Ord. No. 85-13]
(a)
Meet with the applicant at its scheduled meeting
to discuss the plan. Failure of the applicant to appear at this meeting,
after proper notification, may result in the subdivision application
being denied.
(b)
Review the reports on the submission by the
Township Engineer and Delaware County Planning Commission and other
pertinent reports. The Planning Commission may also solicit reviews
and reports from adjacent municipalities and other governmental agencies
affected by the plan.
[Amended 10-22-1990 by Ord. No. 90-49]
(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 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.
(10)
The Board of Commissioners shall, within 75
days following acceptance of the preliminary plan application:
[Amended 5-28-1985 by Ord. No. 85-13]
(a)
Meet with the applicant at its scheduled caucus
meeting to discuss the plan. Failure of the applicant to appear at
this meeting after proper notification may result in the subdivision
application being denied.
(b)
Review the reports of the Planning Commission,
Delaware County Planning Commission, Township Engineer and other pertinent
reviewing agencies.
(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 the plan will
conform to Township regulations and ordinances.
(e)
Approve or disapprove the preliminary plan.
If approved, the Board of Commissioners shall express its approval
and state the condition of approval, if any, in writing. Whenever
approval is subject to such specified conditions, the written action
of the Board of Commissioners also shall require the written approval
of the applicant to the conditions. If such written approval of the
conditions is not received by the Board of Commissioners within the
time period required by this chapter for a decision, the plan shall
be deemed to have been denied by the Board of Commissioners. If disapproved,
the Board of Commissioners shall state the reasons for this action.
[Amended 10-22-1990 by Ord. No. 90-49]
(11)
The decision of 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.
(12)
Approval of the preliminary plan shall not constitute
approval of the final plan or authorize the sale of lots or construction
of buildings.
(13)
If the preliminary plan is disapproved, the
applicant may file a revised preliminary plan with the Township Engineer
in order to secure approval. The normal fee will be charged for this
revision.
[Amended 11-11-1991 by Ord. No. 91-46]
(14)
If the preliminary plan is approved, the Township
may submit a copy of the approved plan to the Pennsylvania Department
of Transportation.
[2]
Editor's Note: A diagram outlining preliminary
plan procedure is located at the end of this chapter.
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 by § 255-17.
B.
General. The final plan shall conform to the preliminary plan, as approved. The final plan and all information and procedures relating thereto shall, in all respects, be in compliance with the provisions of this chapter, except where variation therefrom may be specifically approved by the Board of Commissioners pursuant to § 255-11.
C.
D.
Procedure.[2]
(4)
The Township Engineer shall check the submission for
completeness and, if the submission is incomplete, shall notify the
applicant within 14 days and indicate the deficiencies. If the submission
is complete, the Township Engineer shall accept the final plan, applications
and planning modules.
(5)
The Township Engineer shall retain four copies of
the plan and one copy of the planning module; and immediately distribute
copies of the final plan, applications and planning modules in the
following manner:
(a)
Four copies of the plan and one copy of the
planning module to the Delaware County Planning Commission.
(b)
One copy of the plan to the Planning Commission.
(c)
One copy of the plan to the Radnor Township
Public Works Department.
(d)
One copy of the plan to the Radnor Township
Zoning Officer.
(e)
One copy of the plan and one copy of the planning
module to the Pennsylvania Department of Environmental Resources.
(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 Township Engineer shall, within 40 days following
acceptance of the final plan application:
(10)
The Delaware County Planning Commission shall
review the final plan and prepare a report for the Township Engineer,
Planning Commission and Board of Commissioners. The Board shall not
approve or deny any final plan until it has received the report from
the County Planning Commission or until 30 days have been allowed
for the receipt of said report.
[Amended 10-22-1990 by Ord. No. 90-49]
(11)
The Planning Commission shall, within 60 days
following acceptance of the final plan application:
[Amended 5-28-1985 by Ord. No. 85-13]
(a)
Meet with the applicant at its scheduled meeting
to discuss the plan. Failure of the applicant to appear at this meeting,
after proper notification, may result in the subdivision application
being denied.
(b)
Review the reports on the submission by the
Township Engineer, Delaware County Planning Commission and other pertinent
reports. The Planning Commission also may solicit reviews and reports
from adjacent municipalities and other governmental agencies affected
by the plan.
[Amended 10-22-1990 by Ord. No. 90-49]
(c)
Determine whether the final 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
plan to the Board of Commissioners.
(12)
The Board of Commissioners shall, within 75
days following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the final plan application:
[Amended 5-28-1985 by Ord. No. 85-13]
(a)
Meet with the applicant at its scheduled caucus
meeting to discuss the plan. Failure of the applicant to appear at
this meeting, after proper notification, may result in the subdivision
application being denied.
(b)
Review the reports of the Planning Commission,
Delaware County Planning Commission, Township Engineer and other reviewing
agencies.
(c)
Determine whether the final 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)
Approve or disapprove the final plan. If approved,
the Board of Commissioners shall express its approval and state the
conditions of approval, if any, in writing. Whenever approval is subject
to such specified conditions, the written action of the Board shall
also require the written approval of the applicant to the conditions.
If such written approval of the conditions is not received by the
Board within the time period required for a decision, as specified
by this chapter, the plan shall be deemed to have been denied by the
Board. If disapproved, the Board of Commissioners shall state the
reasons for this action.
[Amended 10-22-1990 by Ord. No. 90-49]
(13)
The decision of 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.
(14)
(15)
If the final plan is disapproved, the applicant
may file a revised final plan with the Township Engineer in order
to secure approval. The normal fee will be charged for this revision.
[Amended 11-11-1991 by Ord. No. 91-46]
[2]
Editor's Note: A diagram outlining final plan procedure is included at the end of this chapter.
A.
Purpose. In the case of minor subdivisions, it is
the purpose of this section to provide a simplified procedure by which
said minor subdivision may be submitted and approved.
B.
General. In the event that the proposed subdivision shall involve a change in the location of streets, then the provisions of this section on minor subdivisions shall not be applicable and the owner shall be required to comply with the requirements of § 255-15.
C.
D.
Procedure.
(3)
The applicant shall submit to the Township Engineer:
(4)
The Township Engineer 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
submission is complete, the Township Engineer shall accept the final
minor subdivision plan, application, planning modules and fees.
(5)
The Township Engineer shall retain two copies of the
plan and one copy of the planning module and immediately distribute
copies of the final minor subdivision plan, applications and planning
modules in the following manner:
[Amended 5-26-1987 by Ord. No. 87-13]
(a)
Four copies of the plan and one copy of the
planning module, if required, to the Delaware County Planning Commission.
(b)
Nine copies of the plan to the Planning Commission.
(c)
One copy of the plan to the Radnor Township
Public Works Department.
(d)
One copy of the plan to the Radnor Township
Zoning Officer.
(e)
One copy of the plan and one copy of the planning
module to the Pennsylvania Department of Environmental Resources,
if required.
(8)
The Planning Commission may, within 30 days following
acceptance of the final minor subdivision application, meet with the
applicant to review the submission.
(9)
The Township Engineer shall, within 40 days following
acceptance of the final minor subdivision plan application:
(10)
The Delaware County Planning Commission shall
review the final minor subdivision plan and prepare a report for the
Township Engineer, Planning Commission and Board of Commissioners.
The Board shall not approve or deny any final plan until it has received
the report from the County Planning Commission or until 30 days have
been allowed for the receipt of said report.
[Amended 10-22-1990 by Ord. No. 90-49]
(11)
The Planning Commission shall, within 60 days
following acceptance of the final plan application:
[Amended 5-28-1985 by Ord. No. 85-13]
(a)
Meet with the applicant at its scheduled meeting
to discuss the plan. Failure of the applicant to appear at this meeting,
after proper notification, may result in the subdivision application
being denied.
(b)
Review the reports on the submission by the
Township Engineer, Delaware County Planning Commission and other pertinent
reports. The Planning Commission also may solicit reviews and reports
from adjacent municipalities and other governmental agencies affected
by the plan.
[Amended 10-22-1990 by Ord. No. 90-49]
(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 the plan will
conform to Township regulations and ordinances.
(e)
Recommend approval or disapproval of the final
minor subdivision to the Board of Commissioners.
(12)
The Board of Commissioners shall, within 75
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:
[Amended 5-28-1985 by Ord. No. 85-13]
(a)
Meet with the applicant at its scheduled caucus
meeting to discuss the plan. Failure of the applicant to appear at
this meeting, after proper notification, may result in the subdivision
application being denied.
(b)
Review the reports of the Planning Commission,
Delaware County Planning Commission, Township Engineer and other reviewing
agencies.
(c)
Determine whether the final minor subdivision
plan meets the objectives and requirements of other pertinent regulations
and ordinances.
(d)
Recommend revisions, if any, so the plan will
conform to Township regulations and ordinances.
(e)
Approve or disapprove the final minor subdivision
plan. If approved, the Board of Commissioners shall express its approval
and state the conditions of approval, if any, in writing. Whenever
approval is subject to such specified conditions, the written action
of the Board also shall require the written approval of the applicant
to the conditions. If such written approval of the conditions is not
received by the Board within the time period required for a decision,
as specified by this chapter, the plan shall be deemed to have been
denied by the Board. If disapproved, the Board of Commissioners shall
state the reasons for this action.
[Amended 10-22-1990 by Ord. No. 90-49]
(13)
The decision of 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.
(14)
If the final minor subdivision plan is approved, two exact copies of the approved final minor subdivision plan on linen, with the signatures required in § 255-23, shall be submitted to the Board of Commissioners.
(15)
If the final minor subdivision plan is disapproved,
the applicant may file a revised final minor subdivision plan with
the Township Engineer in order to secure approval. The normal fee
will be charged for this revision.
[Amended 11-11-1991 by Ord. No. 91-46]
A.
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 Delaware County. No such plan shall
be accepted for recording without official notification of approval
by the Board of Commissioners and of review by the Delaware County
Planning Commission.
[Amended 10-22-1990 by Ord. No. 90-49]
B.
Effect of recording.
(1)
Streets, open space, parks and other public improvements
shown on the 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.
(2)
Every street, open space, park or other improvement
shown on a subdivision or land development plan that is recorded,
as provided therein, shall be deemed to be a private street, open
space, park or improvement until such time as the same has been offered
for dedication to the Township and accepted, by ordinance, and recorded
in the office of the Clerk of Common Pleas of Delaware County or until
it has been condemned for use as a public street, park or improvement.
