[Amended 8-24-1978 by Ord. No. 348]
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 Supervisors to
have an adequate opportunity to review the submissions and to ensure
that their formal recommendations are reflected in the final plans.
B. The separate stages of approval include the submission
of an optional sketch plan, a preliminary plan and 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.
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Plan Approval Stage
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Type of Submission
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Plan
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Minor Subdivision
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Major Subdivision
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Land Development
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Agricultural Subdivision
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|
|
Recommended
|
Recommended
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Recommended
|
(Not required; see § 105-18 for procedure.)
|
|
|
Not required
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Required
|
Required
|
|
|
|
Required
|
Required
|
Required
|
|
C. 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 Manager and ending with the
applicant being notified of the decision of the Board of Supervisors.
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 Planner and the Planning Commission to obtain information
regarding zoning and subdivision requirements and development alternatives
prior to the initial submission.
[Amended 8-24-1978 by Ord. No. 348; 12-9-1982 by Ord. No.
447; 11-16-1989 by Ord. No. 584]
A. Purpose. In the case of minor subdivision and/or minor land developments, as defined in §
105-5, it is the purpose of this section to provide a simplified procedure by which minor subdivisions/minor land developments may be submitted and approved.
B. General. In the event that the proposed minor subdivision/minor land development shall involve a change in the location of streets, sanitary or storm sewers or other municipal improvements or require a revision to the Township sewage facilities plan, then the provisions of this section on minor subdivision/minor land development shall not be applicable, and the owner shall be required to comply with the requirements of §
105-15.
C. Deposits and fees.
(1) Deposits and fees for the submission of a minor subdivision/minor
land development plan are listed in the Whitemarsh Township Fee Schedule.
Fees pursuant to the Montgomery County Planning Commission Fee Schedule
shall also be required.
(2) The Manager shall immediately deposit all Township
fees collected in the proper Township bank account as directed by
the Board of Supervisors and shall submit all other fees to applicable
agencies.
D. Procedure.
(1) The applicant shall prepare a minor subdivision/minor land development plan and an application form as specified in §§
105-19 and
105-22.
(2) The applicant shall prepare planning modules for land
development as required by Section 7.1 of the Pennsylvania Sewage
Facilities Act.
(3) The applicant shall submit to the Manager:
(a)
Nineteen copies of the final minor subdivision/minor
land development plan.
(b)
A Whitemarsh Township subdivision and land development
application form.
(c)
A Montgomery County Planning Commission application
form.
(d)
Three copies of the planning modules for land
development.
(4) The Manager 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 Manager shall accept the final minor subdivision/minor land development
plan applications, planning modules and fees.
(5) The Manager shall immediately distribute copies of
the final minor subdivision/minor land development plan, applications
and applicable fees in the following manner:
(a)
One copy of the plan to the Montgomery County
Planning Commission.
(b)
Seven copies of the plan to the Planning Commission.
(c)
One copy of the plan and one copy of the planning
module to the Whitemarsh Township Zoning Officer.
(d)
One copy of the plan to the Township Planner.
(e)
Two copies of the plan and one copy of the planning
module to the Township Engineer.
(f)
One copy of the plan to the Solicitor.
(g)
Five copies of the site plan to the Board of
Supervisors.
(h)
One copy of the plan and one copy of the planning
module to the Pennsylvania Department of Environmental Resources.
(6) The Township Engineer shall, within 30 days following
acceptance of the final minor subdivision/minor land development application:
(a)
Review the engineering considerations in the
applicant's submission; and
(b)
Make recommendations to the Manager.
(7) The Zoning Officer shall, within 30 days following
acceptance of the final minor subdivision/minor land development application:
(a)
Review the zoning considerations in the applicant's
submission; and
(b)
Make recommendations to the Manager.
(8) The Township Planner shall, within 30 days following
acceptance of the final minor subdivision/minor land development application:
(a)
Review the design and site planning considerations
in the applicant's submission; and
(b)
Make recommendations to the Manager.
(9) The Planning Commission may, within 30 days following
acceptance of the final minor subdivision/minor land development application,
meet with the applicant to review the submission.
(10)
The Manager shall, within 40 days following
acceptance of the final minor subdivision plan/minor land development
plan application:
(a)
Review the recommendations of the Township Engineer,
Zoning Officer and Planner; and
(b)
Prepare a report for the Planning Commission,
Board of Supervisors and the applicant.
(11)
The Montgomery County Planning Commission shall,
within that period of time permissible under the Pennsylvania Municipalities
Planning Code, review the final plan and prepare a report for the Planning
Commission and Board of Supervisors.
(12)
The Planning Commission shall, within 60 days
following acceptance of the final minor subdivision/minor land development
plan application:
(a)
Review the reports on the submission by the
Manager and Montgomery County Planning Commission and other pertinent
reports;
(b)
Determine whether the final minor subdivision
plan/minor land development plan meets the objectives and requirements
of this chapter and other pertinent regulations and ordinances;
(c)
Recommend revisions, if any, so that the plan
will conform to Township regulations and ordinances; and
(d)
Recommend approval or disapproval of the final
minor subdivision plan/minor land development plan in a written report
to the Board of Supervisors.
(13)
The Board of Supervisors 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/minor land development plan application:
(a)
Review the reports of the Planning Commission,
Montgomery County Planning Commission, Manager and other reviewing
agencies;
(b)
Determine whether the final minor subdivision/minor
land development plan meets the objectives and requirement of other
pertinent regulations and ordinances;
(c)
Recommend revisions if any so the plan will
conform to Township regulations and ordinances; and
(d)
Approve or disapprove the final minor subdivision/minor
land development plan. If disapproved, the Board of Supervisors shall
state the reasons for this action.
(14)
The decision of the Board of Supervisors and
any conditions imposed by the Board of Supervisors 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 or within such time limits as may be required
by the Pennsylvania Municipalities Planning Code. Furthermore, approval shall be rescinded automatically
upon the applicant's or the applicant's agent's failure to accept,
in writing, conditions imposed by the Board of Supervisors within
seven days of receipt of the written decision.
(15)
If the final minor subdivision/minor land development plan is approved, the applicant shall submit to the Board of Supervisors two linen copies and five paper copies of the approved final minor subdivision/minor land development plan, with the signatures of the required agencies specified in §
105-21.
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FINAL PLAN PROCEDURE
MINOR SUBDIVISIONS AND LAND DEVELOPMENTS
|
[Amended 12-9-1982 by Ord. No. 447]
A. The subdivision of land for agricultural purposes
into lots of more than 10 acres, not involving any new street or easement
of access or residential dwelling, shall be exempted from this chapter.
To ensure compliance with the criteria for exemption, no owner shall
effect a subdivision or land development, even for agricultural purposes
in lots of more than 10 acres, unless the owner receives a certification
of exemption from the Board of Supervisors based upon the owner's
written proof that:
(1) The lots shall each be more than 10 acres in size.
(2) All future lots shall be used for agricultural purposes.
(3) No new street or easement of access shall be involved.
B. The Board of Supervisors shall review the request
for exemption. If satisfied that the above criteria are met, the Board
of Supervisors shall issue a written certification of exemption. If
the Board of Supervisors find that all of the criteria are not met,
the Board of Supervisors shall notify the owner that the proposed
subdivision is required to comply with all of the procedures and requirements
of this chapter.