This Article provides simplified procedures
for submitting and reviewing minor subdivisions, land developments
involving only a single nonresidential building and lot line adjustments.
A.
Final plan submission required. A final plan submission meeting the submission and review procedures of this Article VII shall apply for any of the following:
(1)
Minor subdivisions (as defined in Article II), except as follows:
(a)
From the same parent tract in any five-year
period, the minor subdivision approval process shall not be used to
create a total of more than two new lots. If any additional new lot(s)
are proposed within such five-year period, then such additional lots
shall be required to meet the submittal and approval requirements
for a major subdivision.
(2)
Lot line adjustments.
(3)
Annexations of one lot onto an existing lot, not involving
the construction of more than one principal nonresidential building.
(4)
Land developments involving only a single nonresidential
building (other than a shopping center) and which involve a maximum
of three new dwelling units.
B.
Required submission.
(1)
The applicant shall file with the staff at least 21* days prior to a regularly scheduled Planning Commission meeting the required fee(s) and required number of copies of required plans and materials. (See § 165-41.) (*NOTE: Revisions to a plan actively under review shall be submitted by the applicant to the Township and the Township Engineer a minimum of 14 calendar days prior to a Planning Commission meeting at which such plan will be considered, except for an adjustment that the Plans Administrator determines to include only a minor correction or addition of a notation, which may be submitted five days prior to a Planning Commission meeting. Revisions to a plan actively under review shall be submitted by the applicant to the Township and the Township Engineer a minimum of 14 calendar days prior to the Board of Supervisors meeting at which the plan is intended to be voted upon.)
(2)
If a state road is involved, the applicant shall forward
the required information to PennDOT and apply for a highway occupancy
permit. If such permit is not granted prior to final plan approval,
then it shall automatically be a condition of final plan approval,
and the plans shall not be recorded until it is granted.
(4)
The applicant shall provide a copy of the plans for
review to the Joint Planning Commission. A soil erosion and sedimentation
control plan shall be provided to the County Conservation District.
C.
Initial actions by the staff.
(1)
Any submittal to the Township shall automatically
be considered to be conditionally accepted, based upon whether the
Planning Commission determines that the submittal is significantly
complete.
(2)
The staff shall retain in the Commission's files one
copy of all materials submitted by the applicant.
(3)
If the submission is duly submitted and accepted,
the staff shall forward to the Commission at or before the next regularly
scheduled meeting of the Commission:
D.
Zoning variances. An application under the Subdivision
and Land Development Ordinance shall not be considered to be complete
for the purposes of the ninety-day approval time limit if one or more
zoning variances will be required for the subdivision or land development
to legally occur as submitted until such time as the needed zoning
variances have been granted by the Zoning Hearing Board.
E.
Review by Township Engineer.
(1)
Within 30 days from the date duly submitted the plan
for review (unless granted an extension by the Commission), the Township
Engineer should review the engineering considerations in the plan
and prepare an initial report on such considerations to the Commission.
(2)
The Township Engineer may make additional reports
and recommendations to the Commission and the Board of Supervisors
during review of the plan.
F.
Review by Commission.
(1)
Based upon staff reviews of the checklist, the Planning
Commission shall have the authority to determine that a submittal
is significant incomplete. If such determination is made, the Township
shall be considered to not have accepted the submittal. In such case,
the unexpended review fees shall be returned to the applicant, and
no further action shall be required by the Township, and a deemed
approval shall not occur.
(2)
The Planning Commission shall accomplish the following
within the time limitations of the Pennsylvania Municipalities Planning
Code[1] (unless the applicant grants a written time extension):
(a)
Review all applicable reports received from
the appropriate review agencies and officers.
(b)
Determine whether the final plan submission
meets the requirements of this ordinance and other applicable ordinances.
(c)
Review the final plan submission and recommend
any needed revisions so that the submission will conform to this ordinance
and other applicable ordinances.
(d)
Recommend approval, conditional approval or
disapproval of the final plan submission in an advisory report to
the Board of Supervisors, specifying any recommended conditions for
approval, identifying defects found in the application, describing
requirements which have not been met and citing provisions of the
ordinance or statute relied upon.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
G.
Review by Board of Supervisors. The Board of Supervisors
shall:
(1)
Review any reports of the Commission and other official
reviewing agencies.
(2)
Determine whether the final plan submission meets
the requirements of this ordinance and other applicable ordinances.
(3)
Approve or reject the final plan submission within
the time required by the Municipalities Planning Code.[2] (As of 1993, this law requires the Board of Supervisors
to act not later than 90 days following the date of the first regular
meeting of the Commission held after it has been duly filed for review,
but in no case shall the decision of the Board of Supervisors be made
later than 90 days following the date the submission was accepted
as being filed for review, unless the applicant grants a written extension
of time.)
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
(4)
Joint Planning Commission (JPC) review. No subdivision
or land development shall be granted final approval until a report
is received from the JPC or until the expiration of the maximum time
limit established by the Pennsylvania Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
H.
Decision by Board of Supervisors.
(1)
The decision of the Board of Supervisors shall be
in writing and shall be communicated to the applicant personally or
mailed to him/her at the last known address not later than 15 days
following the decision.
(2)
Acceptance.
(a)
The approval of the final plan by the Board
of Supervisors shall not by itself constitute an acceptance of the
dedication of any street or other proposed public way, space or area,
unless such acceptance is specifically made at such time.
(b)
Any such acceptance of dedication shall be specifically
stated along with the signatures required for approval.
(c)
If the Board of Supervisors elects to accept
lands offered for dedication, the submission shall be accompanied
by duly executed instruments of conveyance to the Township. Such instruments
shall state that the title thereof is free and unencumbered.
(3)
If a final plan submission is disapproved, the decision
shall specify defects found in the submission, shall describe requirements
which have not been met and shall cite the provisions of the statute
or ordinance relied upon in each case.
All of the following information and materials
listed in this section[1] are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 165-42. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Township to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.
[1]
Editor's Note: The Minor Subdivision Final Plan Checklist and List of Submittal Requirements are is included at the end of this chapter.
A.
Applicability. The reduced submission requirements listed in this section shall apply, together with the procedural requirements of § 165-40, if either of the following apply:
(2)
In the determination of the Township staff, which
may be based upon the advice of the Township Engineer, the proposal
will involve revisions to a previously approved plan and those revisions
only involve changes in the supporting documentation or engineering
details or to correct erroneous data or minor omissions concerning
a plan previously granted final plan approval.
B.
The following list[1] of requirements shall serve as both a list of requirements
and as a checklist for the applicant and the Township to ensure completion
of submissions. The applicant shall submit completed photocopies of
this section as part of the application. The required information
listed in this section may be combined or separated onto different
sheets, provided that the plans will be clearly readable.
[1]
Editor's Note: The list and checklist are
included at the end of this chapter.
C.
Additional information. The Planning Commission may
require that a plan under this section include the submission of specific
additional information that would be required if the plan would be
a final minor subdivision plan, if such specific information is necessary
to determine compliance with this ordinance.
D.
An annexation under this section shall be made part
of the same lot with the same deed.
See Article IX.