A.
Classification of subdivision. Whenever any subdivision of land or
land development is proposed, before any contract is made for the
sale of any part thereof, and before any permit for the erection of
a structure in such proposed subdivision or land development shall
be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
B.
Preapplication consultation. Prior to filing an application for approval
of a subdivision or land development within Derry Township, the owner
or his authorized agent shall meet with the Township for an official
classification of his proposed subdivision or land development. The
Township shall determine whether the proposal shall be classified
as a minor subdivision, a major subdivision or a land development.
At that time, the Township shall advise the owner or his authorized
agent as to which of the procedures contained herein must be followed.
C.
Official filing date.
(1)
For the purpose of these regulations, the official filing date shall
be the date of the regular meeting of the Planning Commission next
following the date the application and plans are received in the Municipal
Building; provided that should said regular meeting occur more than
30 days following the submission of the application, the official
filing date shall be the 30th day following the day the application
has been submitted.
(2)
Upon receipt of an application for subdivision or land development
approval, the Township Engineer shall affix to the application both
the date of submittal and the official filing date.
D.
Mifflin County Planning Commission review. All plans shall be submitted
to and reviewed by the Mifflin County Planning Commission in accordance
with its then prevailing rules and regulations. The Township shall
forward to the provider a copy of any report of the Mifflin County
Planning Commission.
A.
All filing, inspection and engineering fees shall be submitted to
Derry Township.
B.
Plan filing fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to the Township. Derry Township shall create by resolution a schedule
of fees to be paid by the subdivider or land developer to defray the
cost of administering and processing of plans. The schedule of fees
may be changed from time to time by resolution of Derry Township.
C.
Review fees.
(1)
Review fees shall include the reasonable and necessary charges by
the Township professional consultants or engineer for review and report
to the Township, and shall be set by resolution. Such review fees
shall be reasonable and in accordance with the ordinary and customary
charges by the Township engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants.
(2)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(3)
In the event the Township and the applicant cannot agree on the amount
of review fees which are reasonable and necessary, then the fees shall
be recalculated and recertified by another professional engineer licensed
as such in this commonwealth and chosen mutually by the Township and
the applicant or developer. The estimate certified by the third engineer
shall be presumed fair and reasonable and shall be the final estimate.
In the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by the Township and the applicant
or developer.
D.
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The engineering fees required to be paid by
this section shall be promptly submitted to the Township by the applicant
upon the submission of bills therefore to the applicant from time
to time by the Derry Township.
A.
Sketch plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission, at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with Derry Township. Sketch plans should include those items listed in Article IV, Plan Requirements.
B.
Preliminary plan.
(1)
Submission of preliminary plans.
(a)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(b)
The application form shall be accompanied by the requisite fee as set forth in § 186-12 of this chapter and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by Township resolution from time to time.
(c)
The Township shall forward one copy of the preliminary plan
prints and one copy of the required material to the Mifflin County
Planning Commission and such other agencies as it deems appropriate
for review and comment.
(d)
The Township shall forward the remaining copies or the preliminary
plan prints and required materials to the Planning Commission.
(e)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Department
of Environmental Protection.
(2)
Review of preliminary plans.
(a)
In cases where the subdivision of land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the developer shall submit the plans to the Pennsylvania
Department of Transportation for review.
(b)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and Chapter 215, Zoning.
(c)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date but in any event shall act on
the plan in time for the Township to render their decision within
90 days from the official filing date. In the event that any variance
from this chapter is requested by the applicant or is deemed necessary
for approval, the variance and the reasons for its necessity shall
be entered into the records of the Township.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications, or disapproved
and shall notify the Township, in writing, thereof, including, if
disapproved, a statement of reasons for such action.
(b)
In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer, Township staff, the Township Sanitary Engineer, the Mifflin County Planning Commission, interested residents, and the recommendations of any agency or agencies from which a review was requested under Subsection B(1)(c) of this chapter.
(4)
Township Engineer review. All plans shall be reviewed by the Township
Engineer, which approval shall precede the transmission of such plans
to the Township.
(5)
Resubmission of preliminary plans. A revised plan submitted after
disapproval shall be considered, and processed as a new plan submission.
(6)
Approval of preliminary plans.
(a)
The Township of Derry shall act on the preliminary plan within
90 days of the official filing date. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Township of
Derry may hold a hearing thereon after public notice.
(b)
The Township of Derry shall notify the applicant of its decision
to approve, approve with conditions, or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions acceptable
to the developer and accepted by him, in writing, or disapproved,
the Township of Derry shall specify in their notice the conditions
which must be met and/or the defects found in the plan, and the requirements
which have not been met, including specific reference to provisions
of any statute or ordinance which have not been fulfilled.
(c)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development, the arrangement and approximate dimensions of streets,
lots, and other planned features. The approval binds the subdivider
or developer to the general scheme of the subdivision shown, unless
a revised preliminary plan is submitted, and permits the subdivider
to proceed with the final detailed design of improvements, to arrange
for guarantee to cover installation of the improvements, and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots nor the recording of the preliminary plan.
C.
Final plan.
(1)
Submission of final plans.
(a)
After the subdivider or developer has received official notification
from the Township of Derry that the preliminary plan has been approved,
he must submit a final plan in accordance with the provisions of Section
508 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508 et seq.
(b)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be forwarded by the Township
Engineer to the Planning Commission for review and recommendation
as a preliminary plan.
(c)
The subdivider or developer must submit with the final plan a guarantee which meets the requirements of Article VI.
(d)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 186-12C(3).
(e)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
a part of the requisite materials accompanying the final plan submission.
(f)
The subdivider or developer shall submit a reproducible original
of the plans, nine prints of the final subdivision or land development
plans and at least three copies of all other required information.
(g)
Upon receipt of the final plan, the Township shall forward the
original plans and five copies of the plans and one copy of all the
other material to the Planning Commission for review and recommendation,
one copy of the plan and one copy of all other material to the Mifflin
County Conservation District for review and comments, one copy of
the plan and one of all other material to the Mifflin County Planning
Commission, one copy of the plan to the Township Sewer Authority,
and copies to such other agencies whose recommendations would be pertinent
to the processing of the plan.
(2)
Review of final plans.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with modifications, or disapproved, and
shall notify the Township of Derry, in writing, thereof, including,
if approved with modifications or disapproved, a statement of reasons
for such action.
(b)
In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer, the Mifflin County Planning Commission, the Mifflin County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under Subsection C(1)(g).
(4)
Derry Township engineer review. All plans shall be reviewed by the
Derry Township Engineer, which approval shall precede the transmission
of such plans to the Township Board of Supervisors.
(5)
Resubmission of final plans. A revised plan submitted after disapproval
shall be considered and processed as a new plan submission.
(6)
Approval of final plans.
(a)
The Township of Derry will not take official action to approve a final plan unless it is accompanied by a guarantee for the installation of improvements which meet the requirements of Article VI.
(b)
The Township of Derry shall take action within 90 calendar days
from the official filing date of the final plan. Failure to do so
shall be deemed an approval.
(c)
The Township of Derry shall notify the applicant, in writing,
of its decision to approve, approve with conditions acceptable to
the developer and accepted by him in writing, or disapprove, the final
plan. Such notice shall be given to the applicant in person or mailed
to him at his last known address not later than 15 days following
the decision. If the final plan is disapproved, the Township of Derry
shall specify the defects found in the plan and the requirements which
have not been met, including specific reference to the provisions
of any statute or ordinance which have not been fulfilled.
(d)
If the final plan is approved subject to conditions, the Township
of Derry shall not endorse the plan until all conditions have been
met.
(e)
If the Township of Derry approves the final plan or grants a
conditional approval, they shall set the amount of bonding or other
security necessary to guarantee the construction of improvements and
community facilities and shall state such amount in the notice to
the applicant.
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan
on stable plastic base film and no less than four prints thereof,
which shall be submitted to the Township not later than 30 days after
approval. These plans, upon satisfaction of all conditions attached
to the approval, will be signed by the Township of Derry. A copy of
the signed final plan shall be recorded in the office of the Mifflin
County Recorder of Deeds within 90 days after approval of the final
plan or the approval of the Township of Derry shall be null and void.
The final plan must be recorded before proceeding with the sale of
lots or construction of building.
(b)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use, and to dedicate or
reserve all park reservations and other public areas to public use
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Township of Derry
concerning maintenance or improvements by ordinance or resolution.
(c)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner, and the Township shall assume no responsibility for
improvement or maintenance thereof, which fact shall be noted on the
final plan.
