A.
Application. Approval of a preliminary plan shall be prerequisite to the filing of a final plan with the Township Planning Commission, except that the requirement for a preliminary plan approval may be waived following a preapplication conference (See Article IV) provided that the subdivision plan complies with the definition for a "minor subdivision"; or the subdivider does not contemplate further subdivision of the parcel, submits a scale drawing of the entire parcel which delineates the areas to be subdivided, and complies with all requirements for final plans and includes information required in § 178-12 of this chapter.
C.
Action of the Governing Body. The Governing Body shall
render its decision on the final plan not later than 90 days following
the regular meeting of the Planning Commission next following the
date of application filing. [1]
(1)
The decision of the Governing Body shall be in writing
and shall be communicated to the applicant by certified or registered
mail at his last known address not later than 15 days following the
decision.
(2)
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements that have not been met and shall, in each
case, cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the Governing Body to render a decision
and communicate it to the applicant within the time and in the manner
specified shall be deemed an approval of the application, unless the
applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case, failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
(4)
From the time an application for approval of a preliminary or final plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 200, Zoning; Chapter 178, Subdivision and Land Development; or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in government regulations. When an application for approval of a plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in Chapter 200, Zoning; Chapter 178, Subdivision and Land Development; or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval, within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
(5)
Before acting on any subdivision plan, the Governing
Body may hold a public hearing thereon, after public notice, and may
notify surrounding property owners of such public hearing.
(6)
The Governing Body shall not give their final approval
to a final plan until the County Planning Commission report is received,
or until the expiration of 30 days from the date the final plan application
was forwarded to the county.
(7)
The Governing Body shall not give their final approval
to a final plan prior to approval of required planning modules as
specified by the Pennsylvania Department of Environmental Protection.
D.
Nature of approval. Approval of a final plan shall
not constitute authorization to commence construction. Prior to construction
start, all necessary permits, approvals, agreements and sureties must
be secured by the developer.
E.
Title certificate. No final plan shall be approved
by the Governing Body unless a certificate of title or other proof
of a proprietary interest in the land on the part of the subdivider
is furnished.
All applications for final plan approval shall
include, but not be limited to, the following information:
A.
Shall be drawn on Mylar or other comparable permanent
and reproducible material, and shall be on sheets not larger than
24 inches by 36 inches, including a border of 1/2 inch on all sides,
except the binding edge which shall be one inch. More than one sheet
may be used for larger tracts and must be of the same scale and indexed,
and provide space for required certifications.
B.
Shall be drawn with waterproof black ink, and all
records, data, entries and statements thereon shall also be made with
the same type of ink or reproducible printing or typing, except that
contour lines, when shown, may be drawn with waterproof brown ink
or with diluted waterproof black ink, so that the said contour lines
will be shown faintly on a print made from the said plan.
C.
Shall be drawn to a scale of one inch equals 100 feet
or such other scale approved by the Planning Commission and shall
be of sufficient size to clearly show all notations, dimensions and
entries. All dimensions shall be shown in feet and decimals of a foot.
E.
All final plans submitted shall be drawn according
to the following:
(1)
Streets and other ways by heavy solid lines;
(2)
Perimetered property lines of subdivision by heavy-dashed
and two dotted lines;
(3)
Lot lines by medium solid lines;
(4)
Restriction of building lines by medium dashed lines;
and
(5)
Easements or other reserved areas by light dotted
lines.
(6)
Modifications of the above may be permitted to accommodate
computer drafting processes.
F.
The final plan shall show:
(1)
Primary control points or benchmarks approved by the
Township Engineer, or description and ties to which all dimensions,
angles, bearings, and similar data shall be referred, tract closures,
boundaries with bearings, distances, acreage and tax parcel identification;
(2)
Acreage of each lot or parcel;
(3)
Tract boundary lines, right-of-way lines of streets,
easements and their purpose, and other rights-of-way and property
lines of lots and other sites with accurate dimensions, bearings or
deflection angles, radii, arcs and central angles of all curves;
(4)
Name and right-of-way width of each street or right-of-way;
(5)
Location, dimensions and purpose of all easements;
(6)
Number to identify each lot or site;
(7)
Purpose for which sites other than residential are
to be used;
(8)
Building setback line on all lots and sites;
(9)
Location and description of survey, monuments;
(10)
Names of recorded owners of adjoining land and
land use;
(11)
Certification of registered surveyor showing
name, address, registration number and seal;
(12)
Statement by the owner dedicating streets, rights-of-way,
and sites for public use;
(13)
Protective covenants, if any, in form for recording;
(14)
Such other certificates, affidavits, endorsements
or dedications as may be required in the enforcement of this chapter;
(15)
Certification blocks for the appropriate governing
and planning bodies; and,
(16)
Clear sight triangles and sight distance in
both directions at all street intersections.
G.
Submitted with the final plan shall be the following
additional information:
(1)
Plan and profile sheets for all streets with horizontal
and vertical alignments and existing center-line profiles along with
the location and size of storm sewers inlets, and invert elevations.
(2)
Typical cross sections of roadways and sidewalks.
(3)
A plan showing the size of water pipes and location
of valves and fire hydrants.
(4)
A plan showing the location of manholes, invert elevations,
grades and sizes of sanitary sewers.
(5)
A final grading plan.
(6)
A sedimentation and erosion control plan approved
by the County Conservation District under authority of the Pennsylvania
Department of Environmental Protection Rules and Regulations, Title
25, Chapter 102, Erosion Control, if determined necessary by the Planning
Commission.
(7)
Planning Modules specified by PA-DEP.
(8)
A plan for placement of water, sewer, gas, electric,
telephone and cable television service lines, as applicable, pursuant
to the rules and regulations of the Pennsylvania Public Utilities
Commission.
(9)
If the proposed subdivision is located in a designated
floodplain, base flood elevation data shall be contained on the plan.
(10)
A complete drainage and stormwater drainage
plan for the subdivision, which includes all storm sewers and appurtenances,
along with the method of disposal of all stormwater collected and
the method of drainage for adjacent territory.
(11)
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, evidence shall be presented
to the Governing Body that the subdivision or development is to be
supplied by a certificated public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
