All subdivision and land development plans shall
be subject to approval, modification, or rejection by the Board of
Supervisors; in the event such a plan is disapproved the reasons therefor
shall be set forth in writing. All plans shall be referred to the
Planning Commission for its review and recommendations.
The subdivider or land developer shall submit preliminary copies of proposed plans to the Township Secretary and the Township Secretary shall distribute the required number of copies to the Township agencies concerned as provided for in Article
VII. All plans when first submitted shall be considered preliminary plans. If the subdivider or land developer makes substantial revisions in his plans after they have been approved in preliminary form, such revised plans shall be treated as preliminary plans when resubmitted. Upon approval of the preliminary plans, the subdivider shall submit final plans to the Township Secretary and the Township Secretary shall distribute the required number of copies to the Township agencies concerned as provided for in Article
VIII. Mobile home park plans shall be reviewed in the same manner as subdivision and land development plans. When the literal compliance with mandatory provisions is shown to the Township Supervisors to be unreasonable, to cause undue hardship or where alternative standards are equal or better, a waiver may be granted.
Subdivision and land development plans shall
be reviewed by the Planning Commission at its first regular meeting
following the date of submittal, providing that such plans are submitted
at least 14 days prior to the meeting. Meetings of the Planning Commission
at which plans are reviewed shall be open to the public.
Approval of preliminary plans by the Board of
Supervisors shall be considered approval of the arrangement and dimensions
of streets, lots and other features shown on the plans and may be
made conditionally on specified changes to be incorporated in the
plans. No subdivision or land development plans shall be approved
unless: there has been an erosion and sedimentation control plan approved
by the Board of Supervisors that provides for minimizing erosion and
sedimentation; or there has been a determination by the Board of Supervisors
that a plan for minimizing erosion and sedimentation is not necessary.
The Board's approval of the final plans shall be given only after
the requirements and conditions indicated on or in connection with
the preliminary plans have been met; and said approval shall constitute
final Township approval for the purpose of recording the plans in
the Office of the County Recorder of Deeds. Before acting on any plan,
the Board of Supervisors may arrange for a public hearing thereon
after giving such notice as it may deem necessary and desirable in
each case.
Any subdivision which contains no more than
10 lots may be reviewed and acted upon as a final plan without the
necessity of prior preliminary plan approval. Such determination shall
be made by the Board of Supervisors upon recommendation of the Township
Planning Commission based upon the following consideration:
A. The proposed subdivision does not involve site and
related improvements to the extent that a detailed review by the Township
necessitates processing initially as a preliminary plans.
B. The proposed subdivision does not require the review
and approval of agencies and/or jurisdictions other than the Township,
where in the opinion of the Township such review may not be completed
within the time period set forth in this chapter.
C. The proposed subdivision complies with the applicable
provisions of this chapter.
D. The proposed subdivision does not require that an
Overall Master Plan be on file with the Township as provided herein.
Fees shall be established by resolution and
be available for public review at the Township office. These fees
include the following:
A. A filing fee for preliminary and final plan applications
as well as any re-approval and revisions.
B. An engineering fee in the amount estimated by the
Township Engineer on the basis of the submitted plan to cover such
costs as: reviewing the plan for conformance to the provision of the
codes and ordinances of the Township; site inspection for conformance
to survey; and preparing cost estimates of required improvements.
Such fee shall be sufficient to cover the cost of all necessary engineering
reviews. Failure to pay such fee within 15 days from notification
of costs, shall constitute grounds for denial of plan approval.
C. An inspection fee in the amount estimated by the Township
Engineer for:
(1) Inspection of required improvements by the Township
during installation; and
[Amended 4-27-1999 by Ord. No. 99-1]
(2) Final inspection of required improvements.
(a)
Such fee shall be paid at the time the final
plan is submitted for approval.
(b)
Engineering and inspection fees shall be estimated
by the Township Engineer using the prevailing engineering rates for
the Franklin County area. The developer may request a meeting with
the Board of Supervisors and the Township Engineer to appeal any estimated
fee. The Board of Supervisors shall have the final determination of
the adequacy of all fees.
(c)
The developer or subdivider shall be reimbursed
if the actual cost is under the estimated cost. The developer or subdivider
shall be required to pay any additional amounts required because of
unforeseen circumstances after any such amounts have been authorized
by Township Supervisors. No final plan shall be approved until all
fees have been paid in full.
(d)
All fees shall be in the form of a check or
money order and payable to the Township.
D. A fee shall be paid for the preparation of financial security agreements as required by Article
XI.
E. A fee shall be paid by the developer to the county
to cover the cost of county review of the preliminary plan or final
plan if preliminary plan is waived. Such fee shall be paid at the
time the preliminary plan is submitted for approval and shall be in
the form of a check or money order and payable to the county.
F. Review fees for charges by the Township Engineer and
the Township Planner.
[Added 6-26-2007 by Ord. No. 2007-7;
amended 8-11-2009 by Ord. No. 2009-6]
(1) The
Township Engineer and the Township Planner have been employed to provide
administrative and technical services in subdivision and land development
plan reviews and site inspections. The cost for the plan review for
these professional employees shall be charged to the applicant at
their cost to the Township per Township resolution for their services
on such application for subdivision and land development plan approval.
(2) The
Township Engineer and the Township Planner shall prepare and publish
a report of comments and recommendations on said application for subdivision
and land development approval to the Planning Commission, the Board
of Supervisors and the Zoning Office within a time period sufficient
to be presented at the next officially scheduled meeting. A copy of
this report shall be made available to the applicant’s representatives
at the same time.
G. Administration
of professional fees and escrow accounts.
[Added 8-11-2009 by Ord. No. 2009-6]
(1) Upon
filing application for a preliminary or final subdivision or land
development plan, a parking and circulation plan, or a stormwater
management plan, the applicant shall deposit with the Township an
amount set by resolution from time to time for professional fees related
to plan review, which monies shall be placed into an escrow account.
[Amended 7-27-2010 by Ord. No. 2010-7; 5-26-2015 by Ord. No. 2015-6]
(2) The
escrow deposit is payable at the time of filing each application.
It can be utilized to pay for planning and engineering services and
any other consultant costs necessary in the opinion of the Board of
Supervisors to properly examine the proposed application for subdivision
and land development.
(3) Any
monies remaining in the plan review escrow account may be carried
into a site inspection escrow account. Upon completion and acceptance
of dedication of public improvements, if any, by the Board of Supervisors,
any monies remaining in this account shall be refunded to the applicant
within 60 days of recording with the Franklin County Recorder of Deeds,
or upon written withdrawal of the plans for the record.
(4) A detailed
invoice shall be forwarded to the applicant on a periodic basis, and
it shall be paid from the designated escrow account. In the event
the applicant disputes the amount of the professional fees, this must
be done, in writing, to the Board of Supervisors no later than 45
days after transmittal of the invoice to the applicant. The dispute
shall be explained as to the basis of objections to the fees charged.
Failure to dispute the invoice in such manner or acknowledgement of
the correct amount in the detailed invoice shall be a waiver to the
applicant’s rights to arbitration in accordance with the Pennsylvania
Municipalities Planning Code, Section 510(g).
(5) When
the escrow account reaches 50% of its initial amount, the applicant
shall be directed to refresh the escrow account to its original balance.
If this account is not replenished within 15 days of said notice to
the applicant, plan review or site inspection, whichever is applicable,
shall cease.