The following procedures shall be observed by all developers.
An application shall be submitted with all subdivision and land
developments. An application packet, original plus four copies, containing
the following information and materials shall accompany all applications
for plan approval:
A.
Name and signature of applicant.
B.
Tax parcel number of tract.
C.
Acreage of tract.
E.
Date of filing of application (to be completed by Subdivision Administrator).
F.
Other information as may be required by the approval body.
G.
Statement of intent and tentative timetable.
I.
Description of nonbuildable lands and constrained lands, including
calculations.
K.
Copies of any other necessary state, federal, or local permits, pending,
approved or unfilled.
A.
Applications shall be submitted to the Subdivision Administrator
no less than 10 days prior to a regularly scheduled meeting of the
approval body if the application is to be considered at the next meeting.
The entire packet shall be subject to a completeness evaluation by
the Subdivision Administrator. Incomplete applications will not be
considered for further review.
B.
The Subdivision Administrator shall state the reasons the application
is deemed incomplete to the applicant in writing within five days
of such evaluation.
C.
The approval body shall take action on each properly submitted application
(either preliminary or final) and communicate such action to the applicant
within 90 days as required by Section 508 of the MPC.[1] The approval body must notify the applicant in writing
of its decision within 15 days of such action. Failure on the part
of the approval body to comply with these requirements shall constitute
approval of the application, unless an extension of time has been
mutually agreed upon in writing by the applicant and the approval
body. A copy of this written action shall be forwarded to the Huntingdon
County Planning and Development Department.
[1]
Editor’s Note: See 53 P.S. § 10508.
D.
The Subdivision Administrator shall forward a copy of the application
to the Township Planning Commission, the Municipal Engineer (if a
major subdivision or land development), the County Planning Commission,
and other review agencies within five days of receipt. The applicable
approval body shall take no action on the application until the reports
of the Township and County Planning Commissions are received or until
the expiration of 60 days from the date the application was forwarded
to the Township Planning Commission.
E.
The initial plan filed with the Township shall be the preliminary plan. The Planning Commission may, at its discretion, combine its preliminary plan and final plan review if the subdivision is a minor subdivision meeting the standards of § 240-14 of this chapter, and if the submission meets all applicable plan requirements.
F.
A conceptual sketch plan is strongly encouraged for all subdivisions.
Such plans are for informal discussion only but may avoid subsequent
problems during the formal application process. Submission of the
sketch plan does not constitute formal filing, does not commence statutory
review, and is not subject to statutory timeliness.
(1)
Sketch plan meeting. During the sketch plan process, the applicant
is strongly encouraged to meet with the Planning Commission to discuss
the applicant's proposal and the Township's land use plans
and regulations. Township comment given during this process is advisory
only and does not incur liability on any party.
G.
Fees. Fees for the review and processing of subdivision and land
development plans will be charged at the time of application in accordance
with Appendix A.[2] These fees may be amended from time to time by the approval
body by resolution.
[2]
Editor's Note: Appendix A is on file in the Township offices.
H.
Conditional approval. If the preliminary or final plan is approved,
subject to conditions, then the developer shall either accept or reject
such conditions in writing within a period of 15 days of receipt of
such conditions. Any conditional approval shall be rescinded automatically
and shall become a disapproval if the developer fails to accept or
reject such conditions within the specified period. Rejection of the
conditions specified shall result in disapproval of the plan.
A preliminary plan is required for major subdivisions only.
A.
General procedure.
(1)
Preliminary plans and supporting data shall comply with the provisions of Article IV of this chapter.
(2)
Six copies of the preliminary plan shall be submitted to the Subdivision
Administrator by the developer.
(3)
It is the responsibility of the developer to coordinate his or her
plans with the respective public and private utility and service agencies
as set forth in these regulations prior to the submission of a preliminary
plan to the Township.
(4)
Approval of the preliminary plan subject to conditions, revisions
and modifications as stipulated by the approval body and confirmed
in writing by the applicant shall constitute conditional approval
of the subdivision as to the character and intensity of the development
and the general layout and approximate dimensions of streets, lots,
and other proposed features; but shall not constitute authorization
to sell lots. Agreement by the developer to any condition upon preliminary
approval shall be a prerequisite for application for a final plan.
A final plan is required for all subdivisions.
A.
A final plan with supporting data shall be submitted to the Subdivision
Administrator for final approval within one year after approval of
the preliminary plan, provided that an extension of time may be granted
by the approval body upon written request. Otherwise, the plan submitted
shall be considered as a new preliminary plan.
B.
The final plan shall conform in all respects with the preliminary
plan as previously reviewed by the Planning Commission and shall incorporate
all modifications and revisions specified by the approval body in
its conditional approval of the preliminary plan. Otherwise, the plan
shall be considered as a revised preliminary plan. The approval body
may require that any final plan, or any phase of a final plan, not
completed within five years from the date of preliminary approval
may require a new preliminary plan submission to reflect changing
conditions or legal requirements which may affect the subdivision
or land development unless an extension of this five-year limit is
granted by the Commission upon written request.
C.
The approval body may permit submission of the final plan in phases,
each covering a portion of the entire proposed subdivision as shown
on the preliminary plan, thereby excluding, for an additional year,
preliminary plan approval of the remaining portion of the proposed
subdivision.
(1)
The final plan and supporting data shall comply with the provisions of Article IV of this chapter. Failure to do so shall be cause for disapproval of the plan.
(2)
Six copies of final plan with supporting data shall be submitted
to the Subdivision Administrator.
(3)
In the case of approval of the final plan, the Chairman and Secretary
of the approval body shall endorse three copies of the final plan
to that effect. One copy of the endorsed final plan shall be kept
by the approval body and two returned to the developer.
D.
Recording the final plan. The developer shall record the final plan
in the office of the Recorder of Deeds of Huntingdon County within
90 days after the date of approval by the approval body. The copy
of the final plan filed for recording shall be a clear and legible
paper copy bearing the approval of the approval body. No lots shall
be sold or transferred prior to recording of the final plan. Failure
to record the approved plan shall render all approvals null and void.
E.
Copy of approved plan. The developer shall furnish two paper copies
and one digital copy of the approved final plan (in a format acceptable
to the county) along with a transmittal letter to the Huntingdon County
Planning and Development Department for mapping purposes.
F.
Prior to the final plan submission, the prospective developer must
have complied with the planning requirements of the Pennsylvania Sewage
Facilities Act[1] as administered by the Pennsylvania Department of Environmental
Protection. It is suggested that the prospective developer consult
the municipal sewage enforcement officer or the Huntingdon County
Planning and Development Department as to the requirements of that
act.
[1]
Editor’s Note: See 35 P.S. § 750.1 et. seq.
A.
Definition of minor subdivision. In the case of any proposed subdivision,
land site, or other division of land, certain requirements of this
chapter may be waived by the Township Planning Commission and the
proposal deemed to be a minor subdivision, provided that all of the
following criteria are met:
(2)
The
building lots proposed (not counting any residue) do not contain greater
than 50% environmentally sensitive areas as defined by this chapter.
(3)
The
proposal does develop more than 50% of the road frontage of the parcel.
(4)
The
proposal does not conflict with the Township or County Comprehensive
Plan and does not adversely affect the development of the balance
of the tract.
(5)
The
proposal does not constitute a subdivision, resubdivision or development
of any lot, tract, parcel, site or other division of land or portion
thereof which had received previous approval as a subdivision or land
development within five years prior to the submission of the application.
If such prior approval has taken place, all applications shall be
considered a single application for purposes of classification.
B.
If a subdivision
or land development contains not more than five lots, sites or other
divisions of land (including residue land), and such subdivision or
land development meets criteria as stated above, then the Planning
Commission shall have the authority, at its discretion, to classify
such subdivision or land development as "minor."
C.
Minor subdivision procedures.
(1)
Minor subdivisions shall follow a single-step approval procedure as outlined below. No separate preliminary plan shall be required. All information or accompanying documentation required of §§ 240-17, Preliminary plan, and 240-18, Final plan, shall be submitted as part of the application, along with the specified application fee.
(2)
A detailed topographic survey shall not be required. However, delineation
of environmentally sensitive areas shall be required.
A.
The requirement calling for the submission of a preliminary plan
may be waived in cases involving only a replat or resubdivision of
land, and where the proposal does not involve the extension of any
public facilities including:
B.
A replat shall meet all other applicable requirements and specifications
of this chapter.