This article lists the requirements for final plans for a major subdivision or land development. See the requirements of Article VII for a project that only involves a minor subdivision or only a boundary line adjustment.
A.
Final plan submission required.
(1)
A final plan submission for each major subdivision
or land development must be filed by the applicant and reviewed in
accordance with the provisions of this article.
B.
Submission deadline.
(1)
A final plan submission for each major subdivision
or land development must be filed by the applicant and reviewed in
accordance with the provisions of this article.
(2)
Failure to comply with this requirement shall render
the preliminary plan submission null and void, and a new preliminary
plan submission must be filed.
C.
Required submission.
(1)
The applicant shall file to the Administrator at least
21 days prior to a regularly scheduled Planning Commission meeting
(and at least 21 days prior to such meeting for any resubmission of
any plans):
(2)
The Administrator shall forward plans to the following
agencies and to seek their comments prior to final plan approval (where
applicable):
(3)
Applicant's distribution. It is the applicant's responsibility
to:
(a)
Make agreements with the appropriate utility
companies,
(b)
Provide information to PennDOT that is required
for any access to a state road,
(c)
Provide information to DEP or other agencies
for any permits that might be required,
(d)
Submit a copy of the soil erosion and sedimentation
plan to the County Conservation District, and pay its required review
fees, and
(e)
Provide a copy of the preliminary plans, a completed
JPC application and the JPC's required review fees to the JPC within
three days of the submission to the Township.
(4)
The filing of the final plan shall conform with the
approved preliminary plan and any changes recommended by the Township
during the preliminary plan review.
D.
Initial actions by the Administrator.
(1)
Completeness. The Administrator shall review the submission
items filed against a checklist for completeness and shall reject
any submission and seek to return the submission and filing fees of
an application that the Administrator determines is significantly
incomplete. Any such determination shall occur within 15 days of filing
by an applicant. The Administrator may request an advisory opinion
by the Township Engineer on whether a submittal is significantly incomplete.
If a submittal is rejected, no further action is required by the Township
and no deemed approval shall occur.
(2)
If the submittal is accepted, the Administrator shall
forward a copy of the final plan and supportive documents to the Township
Engineer for review, prior to the next regularly scheduled meeting
of the Township Planning Commission.
(3)
The Administrator shall retain in the Township's files
one copy of all materials submitted by the applicant, including the
application form and the final plan checklist.
(4)
The Administrator shall forward to the Commission
at or before the next regularly scheduled meeting of the Commission
the following:
E.
Initial action by the Commission.
(1)
The Commission may begin review of a final plan submission
at its first regularly scheduled meeting after the submission is properly
filed within the required time period to the Administrator.
(2)
If the Commission determines that a final plan submission,
as filed, departs substantially from the approved preliminary plan,
the Commission may classify the new submission as a revised preliminary
plan (for which a new filing fee is required) and the application
shall be processed as such.
F.
Review by Township Engineer.
(1)
The Township Engineer shall review the engineering
considerations of all duly submitted final plans 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 Commissioners during
the review process. Matters that should be dealt with directly by
the Planning Commission and/or the Board of Commissioners should be
listed separately from technical engineering considerations. These
nontechnical concerns should be made available to the Planning Commission
at least seven days prior to each meeting.
(3)
The applicant and/or his engineer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The Township Engineer may
require the applicant or his engineer to meet with him for this purpose.
(4)
A copy of findings of the Township Engineer should
be sent or handed in person to the applicant or his engineer or agent.
G.
Review by Commission. The Planning Commission shall
accomplish the following within the time limitations of Act 247[5] (unless the applicant grants a written time extension),
while allowing a sufficient number of days within this deadline for
a decision by the Board of Commissioners.
(1)
Review all applicable reports received from any official
reviewing agencies;
(2)
Determine whether the final plan submission meets
the requirements of this chapter and other applicable ordinances;
(3)
Review the final plan submission with the applicant,
his agent, or representative (if present) and recommend any needed
visions so that the submission will conform to this chapter, this
chapter and statutes;
(4)
Recommend approval, conditional approval, or disapproval
of the final plan submission in a written report to the Board of Commissioners,
specifying any recommended conditions for approval, identifying defects
found in the application, describing requirements which have not been
met and citing the provisions of the ordinance relied upon.
(5)
The Planning Commission's report should be mailed
to the last known address of or reported in person to the applicant
or his agent.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
H.
Review by Board of Commissioners. The Board of Commissioners
shall:
(1)
Review the report of the Commission;
(2)
Review the reports of official reviewing agencies
that have been received, including the Township Engineer and Township
staff;
(3)
Determine whether the final plan submission meets
the objectives and requirements of this chapter, other ordinances
and statutes; and
(4)
Approve, conditionally approve or reject the final
plan submission within the time required by the Municipalities Planning
Code.[6] (This law requires the Board of Commissioners to act not
later than 90 days following the date of the first regular meeting
of the Commission held after it has accepted the submission as being
filed for review; but in no case shall the Commissioners' decision
be made later than 120 days following the date the submission was
accepted as being filed for review, unless the applicant grants a
written extension of time.)
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
JPC review. No subdivision or land development shall
be granted final approval until a report is received from the Joint
Planning Commission or until the expiration of 30 days from the date
the application was forwarded to the JPC.
I.
Decision by Board of Commissioners.
(1)
Notice to applicant. The decision of the Board of
Commissioners shall be in writing and shall be communicated to the
applicant personally or mailed to him at his last known address not
later than 15 days following the decision.
(2)
Dedications.
(a)
The approval of the final plan by the Board
of Commissioners shall not by itself constitute an acceptance of the
dedication of any street or other proposed public way, space, or area,
unless the acceptance is specified 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 Commissioners 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)
Disapproval. When 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.
(4)
Conditions. The Board of Commissioners may attach
reasonable conditions to an approval to ensure the carrying out of
the Comprehensive Plan, this chapter, other Township ordinances and
state laws and regulations.
J.
Development in stages.
(1)
If requested by the applicant, the Board of Commissioners
may permit the undertaking of the required improvements and the preparation
of the final plan to be completed in a series of sections or stages,
each covering a portion of the proposed subdivision as shown on the
preliminary plan.
(2)
If the final plan is to be filed in sections or stages,
each section or stage shall relate logically to provide continuity
of access, extension of utilities, and availability of amenities.
(3)
Both the boundaries and configuration of stages or
sections of a development shall be subject to the approval of the
Board of Commissioners.
[Amended 3-6-1995 by Ord. No. 1-95]
A.
All final plan submittals shall include all of the information that was required at the time of preliminary plan submittal (see § 230-30) and the additional information listed below in this section. If specific technical supporting documents, such as stormwater calculations, are identical to those submitted at the preliminary stage, the Township Engineer may waive the requirement to submit additional copies of those items.
B.
Additional final plan requirements.
(1)
A property survey shall have been performed of the
boundary of the entire tract, and evidence of such survey shall be
presented.
(3)
Required plan notations. The following wording shall
be required to be placed on any final subdivision or land development
plan, as applicable:
(a)
"If access will be provided onto a state highway,
access to a state highway shall only be provided in compliance with
a PennDOT highway occupancy permit."
(b)
"Well and sewage disposal systems shall be constructed
in accordance with standards of the Pennsylvania Department of Environmental
Protection."
(c)
"Individual owners of lots must receive approval
from the Township sewage enforcement officer for a sewage permit prior to undertaking the
construction of an on-lot sewage disposal system or building that
will need to be served by such a system."
(d)
"The Planning Commission and Board of Commissioners
have not passed upon the feasibility of any individual lot or location
within a lot being able to sustain any type of well or sewage disposal
system."
(5)
Proposed monument locations and types.
(6)
Water main sanitary sewer and storm drain plan and
profiles.
(a)
Plan and profile of proposed ground surface
with elevations at top of manholes or inlets.
(b)
Plan and profile of water main, storm sewer
or sanitary sewer lines, showing type and size of pipe, grade, cradle,
manhole, and inlet locations and invert elevations along flow line,
with stationing.
(c)
All line crossings of other utilities.
(d)
Invert elevations along flow line at manholes,
inlets and at line crossing of other utilities.
(7)
Construction details (following any applicable Township
standards).
(a)
Typical cross section and specifications for street construction as required by § 230-57 and the Township street and improvement specifications.
(b)
Drainage swale cross section and construction
materials.
(c)
Pipe bedding details.
(d)
Storm drainage structures, including any detention
including basin outfall structure and spillway.
(e)
Sanitary sewer structures.
(f)
Curb and sidewalk details.
(g)
Street tree planting details.
(h)
Sinkhole and other ground subsidence repair
details.
[Added 1-15-2001 by Ord. No. 1-01]
(8)
Street addresses shall be required to be shown on
the final plan of a major subdivision.
A.
Deed restrictions. All private deed restrictions,
homeowner or condominium association agreements or covenants already
imposed or to be imposed as a condition to sale. Any homeowner or
condominium association agreement may be subject to review by the
Township Solicitor and acceptance by the Board of Commissioners.
B.
Dedicated improvements. The developer shall provide
a deed of dedication together with an 8 1/2 inches by 11 inches
plan of each such improvements.
C.
Nondedicated streets agreement.
(1)
Agreement for any street not offered for dedication.
(2)
Such agreement shall state who is responsible for
the improvement and maintenance of streets; the developer shall be
fully responsible for such maintenance until such association is legally
organized and fully operational.
(3)
If a condominium or homeowners' association is to
be responsible for maintenance of streets, the developer shall be
fully responsible for such maintenance until such association is legally
organized and fully operational.
D.
Open space agreement. A formal contract providing
for the maintenance of open space and the method of management, together
with all offers of dedication and covenants governing the reservation
and maintenance of undedicated open space. This agreement is subject
to the review of the Township Solicitor and acceptance by the Board
of Commissioners.
E.
Utilities agreements and permits.
(1)
All signed agreements or contracts with utility companies,
water companies or authorities or sewage companies or authorities
for the provision of services to the project.
(2)
Approval letters from all appropriate federal and
state agencies of any private centralized water supply system or private
centralized sewage disposal system.
F.
State highway reviews. The applicant shall submit
to the Township a copy of the application to PennDOT for any needed
occupancy permit to have access onto a state highway, and shall also
submit any review comments received from PennDOT within five days
of receiving such comments. Any needed permit shall either be issued
prior to final approval, or shall automatically be a condition of
such approval.
G.
Variances. Variances to this chapter that are being
requested but have not yet been granted.
See Article IX.
