The procedures set forth in this article shall
be followed by all applicants.
B.
A preliminary plan is required for all subdivisions
and land developments proposed within the Township and must contain
information sufficient to satisfy the standards of all Township ordinances
and the following:
[Amended 11-15-2011 by Ord. No. 326; 4-18-2023 by Ord. No. 419]
C.
A final plan is required for all subdivisions and
land developments proposed within the Township. A plan showing all
information required for a final plan, which has been submitted as
a preliminary plan and for which no changes have been required by
the Township, may be approved as a final plan. A final plan shall
consist of two parts:
D.
A land development plan shall be required whenever
the application for approval of a plat shall be construed to be a
land development in accordance with the definition of the same as
provided in this chapter. A land development plan may be required
in conjunction with a subdivision plan or in lieu of a subdivision
plan when a review of a plan on a lot-by-lot basis would not be applicable.
[Added 5-3-2005 by Ord. No. 250; amended 4-6-2010 by Ord. No.
313; 4-23-2019 by Ord. No. 397; 4-18-2023 by Ord. No. 419]
A land development plan and approval shall not be required in
any district for an extension or addition to an existing structure
or for placement of separate freestanding structure when the proposed
structure is less than 20% of the existing gross floor area(s) and
total project area (building and associated improvements) is less
than 3,000 square feet in land coverage. To qualify for this exception:
A.
A drainage permit shall be required to be obtained to allow for the
Township Engineer to review for compliance with all applicable Limerick
Township stormwater management requirements and to ensure all appropriate
standard engineering practices are implemented including but not limited
to adequate site circulation.
B.
The building use does not change.
C.
When the structure(s) exceed 3,000 square feet in gross floor area
or 20% of the existing gross floor area(s) or changes in use, a land
development plan shall be required.
A.
Unless determined otherwise, all plans for approval
of a plat shall be submitted in the following order: preliminary plan
and final plan. A plan and all required copies of each plan shall
be filed one at a time, and no subsequent plans for approval of a
plat shall be filed until such time that a decision has been reached
concerning the preceding plan. When the decision reached concerning
an application for approval of a plat, whether, preliminary or final,
has rendered the application for approval finally denied, then the
applicant, when and if he should reapply requesting approval of a
plat, shall do so in accordance with the procedure outlined above.
[Amended 3-21-2000 by Ord. No. 208]
B.
Schedule of steps.
(1)
Completion and submission of application form; determination
of completeness.
[Amended 3-21-2000 by Ord. No. 208; 5-3-2005 by Ord. No.
2005-250]
(a)
All formal applications for approval of a subdivision
and/or land development plan shall be made to the Township Secretary
by completion of an application form, to be supplied by the Township,
together with the appropriate plans, filing fees set for plan review
by the Board of Supervisors and filing fees set by the Montgomery
County Planning Commission and the Township Planning Commission.
(b)
The Township shall have seven days from the
date of submission to check the plan to determine if, on its face,
it is in proper form and contains the information required by this
chapter. If defective, the Township shall return the application with
a statement of rejection within the seven-day period; otherwise, the
application shall be deemed accepted for filing as of the date of
submission. Acceptance for filing shall not, however, constitute a
waiver of any deficiencies or irregularities. The applicant may appeal
a decision made under this section to the Board of Supervisors. The
Board of Supervisors shall not review plans until all required information
is submitted.
(2)
The application shall be received by the Township
Secretary, the date stamped thereon, the filing fee accepted.
[Amended 11-19-1996 by Ord. No. 182; 3-21-2000 by Ord. No.
208; 5-3-2005 by Ord. No. 250]
(a)
Notice of all applications for approval of a
subdivision and/or land development shall be given by conspicuously
posting written notice of the application on the affected tract of
land at least 48 hours prior to preliminary plan review by the Limerick
Planning Commission. The written notice shall state the following:
"This property is the subject of a subdivision and/or land development
application; Limerick Township No. _____." The notice shall be printed
on a thirty-six-inch by twenty-four-inch sign of the type utilized
for real estate sales. The expense of the printing of such notice
shall be borne by the applicant. The notice must be posted by the
applicant on the property in such location(s) to be clearly visible
from each adjacent roadway(s) and must remain on the property throughout
the duration of the land development and/or subdivision process. Proof
of posting by way of a dated photograph of the erected notice must
be provided by the applicant to the Township Secretary at least 24
hours prior to preliminary plan review.
(b)
A civil fine in the amount of $25 per day may
be imposed upon an applicant for noncompliance with this subsection
following issuance by the Code Enforcement Officer to the applicant
of written notice of a violation and failure by the applicant to correct
the violation within three days of the date of said written notice.
(3)
The Township Secretary shall distribute copies of
the plan to:
[Amended 3-21-2000 by Ord. No. 208]
(4)
Written recommendations of the Limerick Township Planning
Commission, the Montgomery County Planning Commission and others shall
be submitted to the Township Supervisors.
(5)
Action shall be taken by the Township Supervisors
at a regularly scheduled public meeting, and, if the plan is approved,
the Township Secretary shall advise the applicant to prepare and submit
final plat plans for signing. The final plans shall consist of two
complete sets of mylars and five complete sets of paper prints. All
plans should include signature plates which shall be located in the
lower right hand corner thereof.
[Amended 3-21-2000 by Ord. No. 208; 5-3-2005 by Ord. No.
250]
(6)
Approval or disapproval of a plat, whether preliminary
or final, shall be communicated to the applicant by the Township Secretary,
in writing, 15 days after the decision is rendered but not later than
90 days after the date of formal application, as is required for such
response. Disapproval shall include notification, in writing, of the
defects in the application and shall describe the requirements which
have not been met and shall cite the provisions of state law or Township
ordinance relied upon.
[Amended 4-4-1989 by Ord. No. 109; 3-21-2000 by Ord. No.
208]
(7)
Upon approval of a final plat of subdivision or land
development, the applicant shall, within 90 days of such final approval,
record such plat in the office of the Recorder of Deeds of Montgomery
County, Pennsylvania, advising the Township Secretary of the date,
book and page. The approved recorded final plat shall bear the official
stamp of review by the Montgomery County Planning Commission.
[Amended 3-21-2000 by Ord. No. 208]
(a)
Prior to recording of the plat, applicant shall provide a copy of
electronic files (shapefiles or .dwg) for assets pertaining to the
project as determined by the Township GIS Administrator.
[Amended 4-18-2023 by Ord. No. 419]
(8)
Approval will be effective for five years only, unless
extended by the Supervisors. Where final approval is preceded by preliminary
approval, the five-year period shall be counted from the date of preliminary
approval, provided that, when an applicant shall commence with any
aspect of an approved plan, the terms of development or subdivision
shall be governed by any subsequent changes to the Zoning Ordinance,[1] subdivision regulations or other governing ordinances
or plans should effectuation of the approved plat not be completed
within the prescribed five-year period.
[Amended 4-4-1989 by Ord. No. 109]
C.
When deemed desirable, the applicant may be requested
to agree, in writing, to an extension of time to the ninety-day period
normally allotted, per the Municipalities Planning Code, to the Township
in which a decision concerning the status of the application for approval
of a plat is to be rendered.
[Amended 3-21-2000 by Ord. No. 208]
