[Added by Ord. 282, 4-29-2009, § I]
Those persons or parties seeking to have a subdivision or land
development plan reviewed by Lower Heidelberg Township shall submit
an application package for each phase of the review process (sketch,
preliminary and final plan). The following sections indicate what
information and exhibits are required to be included in the application
package and the process Lower Heidelberg Township shall use to review
proposed subdivision or land development plans.
[Added by Ord. 282, 4-29-2009, § I]
(a)
The application package shall be submitted to the Township Secretary
or Code Enforcement Officer (the designated reviewer) as designated
by the Board of Supervisors.
(b)
The designated reviewer shall review the application package
to determine the completeness of the package as required by Section
300.2 for the appropriate phase of the proposed application.
(1)
If the application package is complete, the designated reviewer
shall indicate on the application form that the application package
is complete; provide a copy of the same to the applicant; and forward
the application packet to the Board of Supervisors, the Planning Commission,
the County Planning Commission, or other Township, state, or county
officials as deemed necessary.
(2)
If the application package is not complete, the designated reviewer
shall indicate such on the application form, including a designation
of the additional materials that are required to be submitted, and
provide a copy of the same to the applicant, the Township Planning
Commission and the Board of Supervisors. Unless the applicant submits
the necessary materials noted by the designated reviewer or unless
the Board of Supervisors grants a waiver from the requirement that
the applicant submit such materials, the Board of Supervisors may
reject the application packet as incomplete pursuant to and within
the review period prescribed by the MPC.
(3)
Nothing herein shall be construed to modify the determination
of the application date as defined by the MPC.
(c)
Any complete application package accepted by the designated
reviewer shall be added to the list of other complete application
packages on the agenda of the next regular meeting of the Township
Planning Commission.
(d)
At the next regular meeting of the Township Planning Commission,
the Planning Commission shall act to accept the list of complete application
packages for review and shall commence its review of the application.
[Added by Ord. 282, 4-29-2009, § I; as amended by Ord. 299, 8/15/2011, § I]
The application package shall contain the following information
and exhibits, the number of such physical copies of the submissions
and the distribution of the same being subject to further compliance
with §§ 305, 308 and 320:
(a)
Sketch plan:
(1)
A minimum of 12 black and white line prints of the plans. To
the extent that any subsequent revisions are made to the sketch plans
during the sketch plan review process, the applicant need only submit
10 copies of those plan sheets on which revisions have been made;
(2)
An application form complete with the name of property owner/developer,
address, phone number of contact person, and project name;
(3)
Proof of ownership of the property proposed for development;
and
(4)
An electronic copy of the plans, application and all other submission
documents noted above or otherwise required by this Chapter, submitted
in an electronic, PDF format, acceptable to the Township Engineer
(including but not limited to the following means: CD-ROM, flash drive,
or web-based/cloud file hosting service).
(b)
Preliminary plan application package:
(1)
Proof of ownership of the land proposed for development;
(2)
Name of the proposed development;
(3)
A minimum of five copies of the completed application;
(4)
A minimum of 13 black and white copies of the preliminary plan
containing all the required information of §§ 402 through
405 of this Chapter. If a subdivision is located in or is adjacent
to another municipality, one additional print shall be submitted for
each municipality involved. To the extent that any subsequent revisions
are made to the preliminary plans during the preliminary plan review
process, the applicant need only submit 10 copies of those plan sheets
on which revisions have been made. The plans must include:
(i)
A natural resource analysis or existing resource and site analysis
plan showing all the scenic vistas, scenic view sheds and natural
and historic resource locations and conditions on the site and adjoining
properties;
(ii) A depiction of all open space and recreation facilities
proposed by the development and/or required by this Chapter, together
with sufficient notes describing the improvements and use thereof;
(iii) A complete delineation of the protected area
features listed in Section 604 of the Zoning Ordinance;
(iv) A phasing plan, if applicable. In the case of
a preliminary plan calling for the installation of improvements beyond
a five-year period (measured from the date of the preliminary plan
application), a schedule shall be filed by the applicant delineating
all proposed phases (and the improvements therein), as well as the
deadlines within which each phase shall be submitted for final plan
approval. Such schedule shall be updated by the applicant annually
on or before the anniversary of the preliminary plan approval, until
final plan approval for the last phase has been granted. Any modification
of said schedule shall be subject to the approval of the Township
Board of Supervisors, in its discretion. Any phasing must comply with
the limitations therein established by the Pennsylvania Municipalities
Planning Code (e.g., each phase of a residential subdivision or land
development, except for the last phase, shall contain at least 25%
of the total number of dwelling units depicted on the preliminary
plan, unless a lesser percentage is approved by the Township Supervisors
in their discretion);
(5)
Referral form and fee for Berks County Planning Commission review;
(6)
Filing fee and professional consultant review fee required by
Lower Heidelberg Township;
(7)
A plan for proposed open space and recreation facilities, when
open space and parkland are involved;
(8)
A stormwater management report;
(9)
A geotechnical report, when deemed necessary by the Township
due to the conditions of the property and development proposed;
(10)
Other information and documentation may be required by the Township
when the process of review identifies areas and conditions that warrant
information required to make adequate and informed decisions in consideration
of the proposed development. Inter alia, the following information
shall be provided to the Township for review and consideration of
approval prior to the applicant obtaining preliminary subdivision
and/or land development plan approval:
(i) A minimum of of five copies of the sewage facilities
planning module and all supporting information. For those subdivision
and/or land developments proposing individual on-site or community
sewage disposal, five copies of the soil percolation test results
shall also be submitted. For those subdivision and/or land developments
proposing individual on-site or community sewage disposal within 1/4
mile of a well exhibiting nitrates greater than or equal to five milligrams
per liter, or in areas depicted in Appendix FF, Sewage Facility Planning
Limitations Map, of the Township's Act 537 Plan, five copies
of the hydrogeologic study shall also be submitted, as required by
the PADEP.
[Amended by Ord. 312, 8/20/2012, § V]
(ii) Where applicable, a minimum of eight copies of
all other information, studies, reports and plans that are required
(including documents for condominium or homeowners' association
governance and covenants);
(iii) A traffic impact study and analysis shall be
submitted by an applicant in accordance with § 538 for all
nonresidential projects; for residential projects proposing 20 or
more new dwelling units; or in other circumstances deemed necessary
by the Township, upon recommendation of the Township Engineer.
[Amended by Ord. 312, 8/20/2012, § I]
(iv) Where the proposed development will utilize on-lot
water supply or a shared well supply, a hydrogeological analysis of
groundwater is required. The study should indicate the existing conditions
and the impact of the proposed development on the groundwater and
aquifer;
(v) Documentation from the appropriate utility of the
availability of adequate service and the willingness of the provider
to serve the proposed development; and
(vi) Evidence of the submission of the plan and supplementary
information to Pennsylvania Department of Transportation District
5 where the proposed project involves a state owned road.
(11)
Where special or unique conditions exist within the site, the
Township may, during the review process, require additional information
and documentation that will assist the Township in making an informed
review and decision regarding the proposed plan or development. Failure
of the Township to indicate the need for this information at the time
the application package is received does not eliminate the obligation
of the applicant to provide the indicated additional documentation
or information when requested.
(12)
An electronic copy of all of the plans and other submission
documents noted above shall be submitted in an electronic, PDF format
acceptable to the Township Engineer (including but not limited to
the following means: CD ROM, flash drive, or web-based/cloud file
hosting service). More than one hard copy of the above information
need not be submitted but must be submitted in electronic format,
with the exception of any plans; all documents exceeding 30 pages
in length; and any documents submitted on page sizes greater than
8 1/2 inches by 11 inches, all of which shall be submitted by
hard copy (in addition to electronic submission) pursuant to the distribution
schedule set forth in § 311).
(c)
Final plan application package:
(1)
A minimum of five copies of the application form for final plan;
(2)
A minimum of 13 sets of signed and sealed black and white prints
containing all the required information of §§ 406 through
409 of this Chapter, plus one additional copy for each municipality
adjoining the proposed site. To the extent that any subsequent revisions
are made to the final plans during the final plan review process,
the applicant need only submit 10 copies of those plan sheets on which
revisions have been made. However, prior to final plan approval or
as a condition thereof, the applicant shall be required to submit
six sets of signed and sealed black and white prints containing all
information required by this Chapter for approval, execution and recordation;
(3)
Proof that all outstanding plan review fees for final, preliminary
and sketch plan have been paid;
(4)
A minimum of five copies of the sewage facilities planning module
and all supporting information, if revised. For those subdivision
and/or land developments proposing individual on-site or community
sewage disposal, five copies of the soil percolation test results
shall also be submitted to determine the suitability of the tract
for sewage disposal, if updated. For those subdivision and/or land
developments proposing individual on-site or community sewage disposal
within 1/4 mile of a well exhibiting nitrates greater than or equal
to five milligrams per liter, or in areas depicted in Appendix FF,
Sewage Facility Planning Limitations Map, of the Township's Act
537 Plan, five copies of the hydrogeologic study shall also be submitted
if revised, as required by the PADEP.
[Amended by Ord. 312, 8/20/2012, § XIII]
(5)
A minimum of nine copies of all supplemental data and reports
as required by this Chapter, including §§ 406 through
409, and as identified as a condition of preliminary plan approval
by the Township;
(6)
Evidence that the applicant has submitted the erosion and sedimentation
control plan to the Berks County Conservation District. All review
reports from the Berks County Conservation District shall be provided
to the Township;
(7)
Review reports and approvals from all applicable utility companies
or agencies (e.g., gas, electric, sewer and telephone company reviews
and approvals).
(8)
Where special or unique conditions exist within the site, the
Township may, during the review process, require additional information
and documentation that will assist the Township in making an informed
review and decision regarding the proposed plan or development. Failure
of the Township to indicate the need for this information at the time
the application package is received does not eliminate the obligation
of the applicant to provide the indicated additional documentation
or information when requested.
(9)
An electronic copy of all of the plans and other submission
documents noted above shall be submitted in an electronic, PDF format
acceptable to the Township Engineer (including but not limited to
the following means: CD ROM, flash drive, or web-based/cloud file
hosting service). More than one hard copy of the above information
need not be submitted but must be submitted in electronic format,
with the exception of any plans; all documents exceeding 30 pages
in length; and any documents submitted on page sizes greater than
8 1/2 inches by 11 inches, all of which shall be submitted by
hard copy (in addition to electronic submission) pursuant to the distribution
schedule set forth in § 325).
[Ord. 127, 8/20/1990, § 3.01; as amended by Ord.
276, 12/29/2008, § I]
(a) The
Township's review of any preliminary, preliminary/final, or final
subdivision and land development plan application shall be pursuant
to the time periods set forth in the Pennsylvania Municipalities Planning
Code. Extensions from the applicable review periods may be granted
by the Township Board of Supervisors, upon request by an applicant.
(b) Additionally,
in recognition that an applicant has a duty to prosecute preliminary,
preliminary/final, and final subdivision and/or land development applications
in a diligent, reasonable and timely manner, the Township Board of
Supervisors will only approve an aggregate of three requests for extensions
of the review period under Section 508 of the Pennsylvania Municipalities
Planning Code, up to a maximum of 180 days measured from the expiration
of the Township's initial ninety-day period from the submittal of
the application. The Board of Supervisors, in its discretion, may
grant additional requests for extensions of the review period prescribed
by Section 508 of the Municipalities Planning Code for good cause
shown and in circumstances where an applicant has diligently prosecuted
its application by submitting revised plans in response to, and in
compliance with, the review letters prepared by the Township Engineer.
[Ord. 127, 8/20/1990, § 3.02; as amended by Ord.
253, 12/20/2005, § 1; and by Ord. 276, 12/29/2008, § II]
(a) For
all subdivisions, except those exempt standard procedures, a preliminary
plan and a final plan must be submitted to the Township for approval.
Those subdivisions exempt from this procedure and the procedures to
follow in the case of exempted subdivisions are to be found in Sections
344 through 348 of this chapter. It shall be noted that an applicant
shall file only one subdivision and land development application affecting
any one property at any one time. If at any time an applicant desires
to or does file a second subdivision and land development application
pertaining to a property that is inconsistent with any prior subdivision
and land development application, the filing of the second, inconsistent
application shall serve as an automatic withdrawal of the prior application
relating to the property and the applicant shall acknowledge the same,
in writing, in filing its subdivision and land development application.
(b) Sketch
plan submission is strongly encouraged by the Township as a way of
helping applicants and officials develop a better understanding of
the property and to help establish an overall design approach that
respects its special or noteworthy features, while providing for the
density permitted under the Zoning Ordinance. It will facilitate the
review process and may result in lower costs for the project.
[Ord. 127, 8/20/1990, § 3.03; as amended by Ord.
312, 8/20/2012, § II]
(a) In
accordance with the rules and regulations of the Pennsylvania Department
of Environmental Protection (DEP) municipalities shall revise their
official plan for sewage disposal whenever a new subdivision is proposed,
unless DEP determines that the proposal is for the use of individual
on-lot sewage systems serving detached single-family dwelling units
in a subdivision of 10 lots or less and certain criteria set forth
in the rules and regulations of DEP are met.
(b) An
official plan revision for new land development shall be submitted
to DEP in the form of a completed sewage facilities planning module
provided by DEP and including all information required by DEP.
(c) The
subdivider or developer or his agent shall complete the DEP sewage
facilities planning module and submit it to the Township for action.
(d) No
plan revision for new land development will be considered complete
unless it includes all information specified within DEP's rules
and regulations.
(e) The
Township shall not adopt a proposed revision to the official plan,
conditionally or otherwise, until it determines that the proposal
complies with applicable Township zoning, land use or other Township
comprehensive plans. If changes to the proposed revision or the applicable
plan, regulation or ordinance are necessary, the changes shall be
completed prior to adoption of the revision by the Township.
(f) Upon
adoption of a proposed revision to the official plan, or refusal to
adopt such a proposed revision, the Township shall forward the proposed
revision or statement refusing to adopt to DEP. DEP may approve or
disapprove a proposed plan revision for new land development.
(g) The
time limits for actions by Township and county agencies and DEP are
set forth in the rules and regulations of DEP.
(h) Subdividers
and developers are advised that no subdivision or land development
plan will be finally approved or released for recording by the Township
until all necessary approvals of the official plan revision or requests
for exceptions to the requirement to revise the official plan have
been secured from the Township and DEP. This fact and time limits
for action should be considered by subdividers and developers when
submitting the DEP sewage facilities planning module to the Township.
(i) In accordance with the rules and regulations of the Pennsylvania
Department of Environmental Protection (DEP), the Township shall revise
its Act 537 Sewage Facilities Plan (Act 537 Plan) whenever a sewage
planning facilities planning module is approved by PADEP.
(j) The subdivider, developer, or his agent shall complete the PADEP
sewage facilities planning module and submit it to the Township for
review, comment and signature prior to the subdivider, developer,
or his agent submitting the sewage facilities planning module to PADEP
for approval.
[Ord. 127, 8/20/1990, §§ 3.11 and 3.12; as
amended by Ord. 253, 12/30/2005, § 2]
(a) A Sketch Plan for any proposed subdivision of land located within
the Township shall be reviewed by the Township Planning Commission.
Sketch plans shall comply with the requirements of Section 401.
(b) Sketch plans are submitted as a basis for informal discussion between
the Township Planning Commission and the subdivider and submission
of a sketch plan shall not constitute official submission of a plan
and shall not commence the statutory review period as required by
the Municipalities Planning Code.
(c) Pre-Application Meeting. A pre-application meeting is encouraged
between the applicant, the site designer, and the Planning Commission
(and/or its planning consultant), to introduce the applicant to the
municipality's zoning and subdivision regulations and procedures,
to discuss the applicant's objectives, and to schedule site inspections,
meetings and plan submissions as described below. Applicants are also
encouraged to present the Existing Resources and Site Analysis Plan
(See Preliminary Plan requirements) at this meeting.
(d) Existing Resources and Site Analysis Plan. Applicants shall submit
an Existing Resources and Site Analysis Plan, prepared in accordance
with the requirements contained in Section 404. The purpose of this
key submission is to familiarize officials with existing conditions
on the applicant's tract and within its immediate vicinity, and
to provide a complete and factual reference for them in making a site
inspection. This Plan shall be provided prior to or at the site inspection,
and shall form the basis for the development design as shown on the
Sketch Plan, or on the Preliminary Plan if the optional Sketch Plan
is not submitted.
(e) Site Inspection. After preparing the Existing Resources and Site
Analysis Plan, applicants shall arrange for a site inspection of the
property by the Planning Commission and other municipal officials,
and shall distribute copies of said site analysis plan at that on-site
meeting. Applicants, their site designers, and the landowner are encouraged
to accompany the Planning Commission.
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The purpose of the visit is to familiarize local officials with
the property's existing conditions and special features, to identify
potential site design issues, and to provide an informal opportunity
to discuss site design concepts, including the general layout of designated
Greenway lands (if applicable), and potential locations for proposed
buildings and street alignments. Comments made by municipal officials
or their staff and consultants shall be interpreted as being only
suggestive. It shall be understood by all parties that no formal recommendations
can be offered, and no official decisions can be made, at the Site
Inspection.
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(f) Pre-Sketch Conference. Following the site inspection and prior to
the submission of a sketch plan, the applicant shall meet with the
Planning Commission to discuss the findings of the site inspection
and to develop a mutual understanding on the general approach for
subdividing and/or developing the tract in accordance with the four-step
design procedure described in Section 404(s) of this ordinance, where
applicable. At the discretion of the Commission, this conference may
be combined with the site inspection.
[Ord. 127, 8/20/1990, § 3.13; as amended by Ord.
299, 8/15/2011, § II, and by Ord. 312, 8/20/2012, § III]
The subdivider shall submit nine black-on-white prints on paper,
of the sketch plan to the Township Secretary. The Township Secretary
will distribute the copies as follows:
(a) Five copies to the Township Planning Commission.
(b) Two copies to the County Planning Commission.
(c) One copy to the Township Engineer.
(d) One copy to the Township Wastewater Consultant.
(e) One copy retained for the permanent files and use of the Township
Supervisors.
[Ord. 127, 8/20/1990, §§ 3.14, 3.15 and 3.16]
(a) After a sketch plan has been submitted, the plan shall be reviewed
by the Township Planning Commission at the Commission's next
regularly scheduled meeting, provided that the sketch plan shall be
submitted no less than 21 calendar days prior to the scheduled meeting.
If the plan is not submitted within the above time limitation, the
Planning Commission may decline to review the plan at that meeting
and review the plan at the following regularly scheduled meeting or
at a special meeting.
(b) The County Planning Commission may be invited to review the sketch
plan and submit its comments regarding the sketch plan to the Township
Planning Commission.
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If the Plan is submitted to the County Planning Commission,
no official action shall be taken by the Township Planning Commission
with respect to the Plan until receipt of the written report from
the County Planning Commission, provided that such report is received
within 30 days after the date the Plan was forwarded to the County
Planning Commission for review.
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(c) At a regularly scheduled or special meeting the Township Planning
Commission shall review the sketch plan to determine its conformance
to the requirements of this Ordinance and suggest any modifications
of the plan which are deemed necessary to secure conformance to the
applicable regulations of this Ordinance.
[Ord. 127, 8/20/1990, §§ 3.17 and 3.18]
(a) Within 14 calendar days after the meeting at which the sketch plan
is reviewed by the Township Planning Commission, the Planning Commission
Secretary shall send to the following people written notice of the
Planning Commission's recommended modifications in the sketch
plan, if there are any, and any prerequisites to review of the Preliminary
Plan by the Township Planning Commission:
(1)
The Township Supervisors.
(2)
The subdivider or his agent.
(4)
The engineer, surveyor or land planner of the subdivider.
(5)
The Township Wastewater Consultant.
[Added by Ord. 312, 8/20/2012, § IV]
(b) The written notice of the Planning Commission shall be sent to the
people listed in Section 307(a) within 75 days after the date of the
Planning Commission meeting at which the Plan is first reviewed.
[Ord. 127, 8/20/1990, § 3.21]
Preliminary Plans and required supplementary data for all proposed
subdivisions shall be submitted by the subdivider or his agent to
the Township Secretary. Such submission shall occur no less than 21
days prior to a regularly scheduled meeting of the Township Planning
Commission.
[Ord. 127, 8/20/1990, § 3.211]
The Township Supervisors shall within 90 days following the
date of the regularly scheduled meeting of the Township Planning Commission
next following the date the application is filed with the Township
notify the subdivider of their action regarding the Plan. Should the
said next regularly scheduled meeting occur more than 30 days following
the filing of the application, the said ninety-day period shall be
measured from the 30th day following the day the application was filed.
[Ord. 127, 8/20/1990, § 3.22; as amended by Ord.
299, 8/15/2011, § III]
In submitting a preliminary plan application, the applicant
shall submit documentation, information and plans as set forth in
§ 300.2.
[Ord. 127, 8/20/1990, § 3.23; as amended by Ord.
299, 8/15/2011, § IV, and by Ord. 312, 8/20/2012, § VI]
The Township Secretary shall distribute submitted information
as follows:
(a) To the County Planning Commission:
(1)
Two prints of the preliminary plan.
(2)
One copy of an application for review of preliminary subdivision
plan.
(3)
One copy of all other required information and plans.
(b) To the Township Planning Commission:
(2)
One copy of an application for review of preliminary subdivision
plan.
(3)
One copy of all other required information and plans.
(4)
One copy of the sewage facilities planning module and all supporting
information; when individual on-site or community sewage disposal
is proposed, one copy of the soil percolation test results and one
copy of the hydrogeologic study, if applicable.
(c) To the Township Engineer:
(2)
One copy of an application for review of preliminary subdivision
plan.
(3)
One copy of all other required information and plans.
(4)
One copy of the sewage facilities planning module and all supporting
information; when individual on-site or community sewage disposal
is proposed, one copy of the soil percolation test results and one
copy of the hydrogeologic study, if applicable.
(d) To the Township Zoning Officer and the Township Building Inspector:
(e) To the Township Wastewater Consultant, when public, community, or
individual on-lot sewage facilities are proposed:
(2)
Two copies of all other required information and plans.
(3)
Two copies of the sewage facilities planning module and all
supporting information; when individual on-site or community sewage
disposal is proposed, two copies of the soil percolation test results
and two copies of the hydrogeologic study, if applicable.
(f) To be retained by the Township Secretary:
(2)
One copy of the soil percolation tests and all supplementary
information.
(3)
Two copies of an application for review of preliminary subdivision
plan.
(4)
Two copies of all other required information and plans.
(5)
One copy of the sewage facilities planning module and all supporting
informations; when individual on-site or community sewage disposal
is proposed, one copy of the soil percolation test results and one
copy of the hydrogeologic study, if applicable.
[Ord. 127, 8/20/1990, § 3.24; as amended by Ord.
312, 8/20/2012, § VII]
At one or more regularly scheduled or special meetings, the
Township Planning Commission shall review the preliminary plan to
determine its conformance to the standards contained in these regulations
and shall recommend such changes and modifications as it shall deem
necessary to assure compliance with this Chapter, provided that the
timing of such review would not result in a deemed approval under
the Pennsylvania Municipalities Planning Code.
[Ord. 127, 8/20/1990, § 3.241; as amended by Ord.
312, 8/20/2012, § VII]
When reviewing a plan at a regularly scheduled or special meeting,
the Township Planning Commission should consider. In addition to its
own comments, written reports regarding the subdivision in question
from the following:
(a) The Township Engineer, on compliance with this Chapter.
(b) The County Planning Commission.
(c) With respect to sewage treatment and disposal, the report of the
Township Sewage Enforcement Officer, Zoning Officer, if any, and the
Fire Marshall on the suitability of the land for the proposed facilities.
(d) When traffic access or stormwater drainage is proposed onto a state
legislative route, the Pennsylvania Department of Transportation.
(e) When public sanitary sewer, community, or individual on-site sewage
facilities are proposed, the report of the Township Wastewater Consultant.
[Ord. 127, 8/20/1990, § 3.242]
(a) The Planning Commission shall notify in writing the following of
the action taken, within 14 days after the meeting at which the action
on the Preliminary Plan is taken:
(3)
The Township Zoning Officer.
(4)
The applicant or his agent. Such notification shall be in writing,
and shall be communicated to the applicant or his agent personally,
or mailed to him at his last known address.
(5)
The engineer, surveyor, or land planner of the subdivider.
(6)
The Township Wastewater Consultant.
[Added by Ord. 312, 8/20/2012, § IX]
(b) If the review of the Township Planning Commission is unfavorable
because the requirements of this Ordinance have not been met or because
the Commission deems modifications in the Plan as submitted necessary,
the recommended modifications in the Plan and/or the specific provisions
of this Ordinance which have not been met shall be noted and these
shall be forwarded to the Township Supervisors.
(c) The failure of the Planning Commission to do so shall not affect
the validity of the action taken.
[Added by Ord. 312, 8/20/2012, § IX]
[Ord. 127, 8/20/1990, §§ 3.25 and 3.251]
(a) When a Preliminary Plan has been submitted to the Township Supervisors
by the Township Planning Commission, the Plan shall be reviewed at
one or more regularly scheduled or special meetings of the Supervisors.
(b) At one or more regularly scheduled or special meetings, the Township
Supervisors shall review the preliminary plan and the written reports
of the Township Planning Commission, the Township Engineer, the Township
Zoning Officer, the Township Wastewater Consultant, PennDOT, the County
Planning Commission, and all other reports which may have been received
from county and state agencies. The Township Supervisors shall either
approve or disapprove the plan. No official action shall be taken
by the Township Supervisors with respect to a preliminary plan until
the Township has received the written report of the County Planning
Commission, provided that such report is received within 30 days after
the date the plan was forwarded to the County Planning Commission
for review, and provided that the timing of such review would not
result in a deemed approval under the Pennsylvania Municipalities
Planning Code.
[Amended by Ord. 312, 8/20/2012, § X]
[Ord. 127, 8/20/1990, § 3.251]
Before acting on a Preliminary Plan, the Township Supervisors
may arrange for a public hearing on the Plan, giving public notice
as defined by law.
[Ord. 127, 8/20/1990, Part of § 3.253]
(a) Within 15 days after the final meeting at which the Plan is reviewed,
the Township Secretary shall notify, in writing, the following of
the action taken by the Supervisors regarding the preliminary plan.
The failure of the Township Secretary to do so shall not affect the
validity of the action taken.
[Amended by Ord. 312, 8/20/2012, § XI]
(1)
Township Planning Commission.
(4)
The subdivider or his agent.
(5)
The engineer, surveyor, or land planner of the subdivider.
(6)
Township Wastewater Consultant.
(b) The action of the Supervisors may be favorable, approving the Plan,
or unfavorable, disapproving the Plan. The findings and reasons upon
which the Supervisors' action is based shall be given in writing
to the individuals and groups listed in Section 317(a) and stated
in the minutes of the meeting at which the Supervisors review the
Plan. When the Plan as submitted is not approved, the report shall
specify the requirements of this Ordinance which have not been met.
[Ord. 127, 8/20/1990, Part of § 3.253]
The Supervisors may approve a Preliminary Plan subject to conditions
acceptable to the applicant, provided that the applicant indicates
his written acceptance of those conditions to the Supervisors within
10 days of the date of the written notification from the Supervisors.
Approval of a plat shall be rescinded automatically upon the applicant's
failure to accept or reject such conditions within 10 days.
[Ord. 127, 8/20/1990, § 3.254]
The approval of the Preliminary Plan does not authorize the
recording of the Subdivision Plan nor the sale or transfer of lots.
[Ord. 127, 8/20/1990, § 3.31 and Part of § 3.311]
(a) Within 12 months after approval of the Preliminary Plan, a Final
Plan with all necessary supplementary data shall be submitted to the
Township Secretary. An extension of time may be granted by the Township
Supervisors upon written request, provided that the extension of time
shall not exceed one year. Failure to meet this time limitation may
result in a determination by the Commission that it will consider
any plan submitted after 12 months as a new Preliminary Plan.
(b) Final Plans and required supplementary data for all proposed subdivisions
shall be submitted by the subdivider or his agent to the Township
Secretary. Such submission shall occur no less than 21 days prior
to a regularly scheduled meeting of the Township Planning Commission.
[Ord. 127, 8/20/1990, Part of § 3.311; as amended
by Ord. 312, 8/20/2012, § XII]
The Township Supervisors shall, within 90 days following the
date of the regularly scheduled meeting of the Township Planning Commission
next following the date the application is filed with the Township,
review the plan and notify the subdivider of their action regarding
the plan. Should the said next regularly scheduled meeting occur more
than 30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
was filed. The failure of the Township Supervisors to do so shall
not affect the validity of the action taken vis-a-vis any requirements
imposed under this Chapter.
[Ord. 127, 8/20/1990, § 3.313; as amended by Ord.
299, 8/15/2011, § V]
In submitting a final plan application, the applicant shall
submit documentation, information and plans as set forth in § 300.2.
[Ord. 127, 8/20/1990, § 3.314]
The subdivider may submit a Final Plan in Sections, as noted
in Section 310(h).
[Ord. 127, 8/20/1990, § 3.315]
The Final Plan shall conform to the approved Preliminary Plan,
but shall incorporate all modifications required by the Township Supervisors
in their approval of the Preliminary Plan. Failure to comply with
past reviews shall constitute grounds for the Township Supervisors
to refuse to approve the Plan.
[Ord. 127, 8/20/1990, § 3.32; as amended by Ord.
299, 8/15/2011, § VI]
(a) For all final plan applications under review, the Township Secretary
shall distribute submitted information as follows:
(1)
To the County Planning Commission:
(ii)
One copy of an application for review of final subdivision plan.
(iii) One copy of all other required information and
plans.
(2)
To the Township Planning Commission:
(i)
One copy of the plan to each member of the Planning Commission
(typically five).
(ii)
One copy of an application for review of final subdivision plan.
(iii) One copy of all other required information and
plans.
(iv)
An electronic copy of all required information and plans.
(3)
To the Township Engineer and the Township Solicitor:
(i)
One copy of the plan to each Township Engineers (typically three)
and to the Township Solicitor.
(ii)
One copy of all other required information and plans to each
Township Engineer.
(iii) An electronic copy of all required information
and plans (including but not limited to the application, any engineering
response letters, and any soil percolation tests) to the Township
Engineers and Solicitor.
(iv)
One copy of the sewage facilities planning module and all supporting
information, if revised. When individual on-site or community sewage
disposal is proposed, one copy of the soil percolation test results,
if updated, and one copy of the hydrogeologic study, if revised, when
applicable.
[Amended by Ord. 312, 8/20/2012, § XIV]
(4)
To the Township Board of Supervisors:
(i)
An electronic copy all required information and plans.
(5)
To the Township Zoning Officer:
(i)
An electronic copy of all required information and plans.
(6)
To the Township Fire Marshal:
(7)
To the Township Secretary:
(ii)
One copy of all supplementary information and all other required
information and plans;
(iii) One copy of the application for review of final
subdivision plan; and
(iv)
An electronic copy of the plans, the application for review
and all other required information, plans and studies.
(v)
One copy of the sewage facilities planning module and all supporting
information, if revised. When individual on-site or community sewage
disposal is proposed, one copy of the soil percolation test results,
if updated, and one copy of the hydrogeologic study, if revised, when
applicable.
[Added by Ord. 312, 8/20/2012, § XIV]
(8)
To the Township Wastewater Consultant, when public, community,
or on-lot sewage systems are proposed:
[Added by Ord. 312, 8/20/2012, § XIV]
(ii)
Two copies of all supplementary data and plan.
(iii) Two copies of the Sewage Facilities Planning
Module and all supporting information, if revised. When individual
on-site or community sewage disposal is proposed, one copy of the
soil percolation test results, if updated, and one copy of the hydrogeologic
study, if revised, when applicable.
(b) For all finalized final plan applications/submissions (for which
a minimum of eight sets of signed and sealed black and white plans,
containing all information required by this Chapter for approval,
execution and recordation shall be submitted), the Township Secretary
shall distribute submitted information as follows:
(1)
Two copies of the plans shall be submitted to the County Planning
Commission;
(2)
One copy of the plans shall be submitted for recording with
the County Recorder of Deeds;
(3)
One copy of the plans shall be submitted for the Township's
files;
(4)
One copy of the plans shall be submitted to each Township Engineer
and the Township Solicitor; and
(5)
An electronic copy of all of the plans and other submission
documents noted above shall be submitted in an electronic, PDF format
acceptable to the Township Engineer (including but not limited to
the following means: CD ROM, flash drive, or web-based/cloud file
hosting service).
[Ord. 127, 8/20/1990, §§ 3.33 and 3.331]
(a) When a Final Plan has been officially accepted for review by the
Township, it shall be reviewed by the Planning Commission at one or
more regularly scheduled or special meetings.
(b) At the meetings at which the final plan is reviewed, the Township
Planning Commission shall review the plan to determine its conformance
with the requirements of this Chapter. Written reports regarding the
subdivision in question from the Township Zoning Officer, Township
Engineer, or the Township Wastewater Consultant, when applicable,
shall be reviewed. If any reports regarding the subdivision from county
or state agencies have been received, they shall also be reviewed,
provided that the timing of such reviews would not result in a deemed
approval under the Pennsylvania Municipalities Planning Code.
[Amended by Ord. 312, 8/20/2012, § XV]
[Ord. 127, 8/20/1990, § 3.332]
(a) Within 14 calendar days after the meeting at which action on the
Final Plan is taken, the Planning Commission shall notify in writing
the following of the action taken:
(4)
Subdivider, or his agent.
(5)
Engineer, surveyor, or land planner of the subdivider.
(6)
Township Wastewater Consultant.
[Added by Ord. 312, 8/20/2012, § XVI]
(b) If the review of the Township Planning Commission is not favorable,
the Planning Commission shall recommend that the Plan not be approved
and explicitly state the reasons for such action. Any modifications
in the Plan which the Planning Commission believes should be prerequisites
to approval of the Final Plan shall also be noted.
(c) The failure of the Planning Commission to do so shall not affect
the validity of the action taken.
[Added by Ord. 312, 8/20/2012, § XVI]
[Ord. 127, 8/20/1990, §§ 3.34 and 3.341]
(a) When a Final Plan has been submitted to the Township Supervisors
by the Planning Commission, the Plan shall be reviewed at one or more
regularly scheduled or special meetings of the Supervisors.
(b) At one or more regularly scheduled or special meetings, the Township
Supervisors shall review the final plan and any written reports regarding
the plan from the Township Planning Commission, the Township Engineer,
the Township Wastewater Consultant and, where applicable, state or
county agencies, provided that the timing of such reviews would not
result in a deemed approval under the Pennsylvania Municipalities
Planning Code.
[Amended by Ord. 312, 8/20/2012, § XVII]
[Ord. 127, 8/20/1990, Part of § 3.342]
Before acting on a Final Plan, the Supervisors may arrange for
a public hearing on a plan, giving public notice as defined by law.
[Ord. 127, 8/20/1990, Part of § 3.342]
If the Final Plan is submitted to the County Planning Commission,
no official action shall be taken by the Township Supervisors with
respect to the Final Plan until the Township has received the written
report thereon from the County Planning Commission, provided that
such report is received within 30 days after the date the plan was
forwarded to the County Planning Commission for review.
[Ord. 127, 8/20/1990, §§ 3.343 and 3.344]
(a) Within 15 days after the final meeting at which the final plan is
reviewed by the Supervisors, the Township Solicitor's office
shall notify, in writing, the following of the action taken by the
Supervisors regarding the final plan. The failure of the Township
Secretary to do so shall not affect the validity of the action taken
vis-a-vis the any requirements imposed under this Chapter.
[Amended by Ord. 312, 8/20/2012, § XVIII]
(1)
Township Planning Commission.
(4)
The subdivider or his agent.
(5)
The engineer, surveyor, or land planner of the subdivider.
(6)
Township Wastewater Consultant.
(b) Action by the Supervisors may be favorable, approving the Final Plan,
or the action may be unfavorable, giving disapproval to the Plan.
The findings and reasons upon which the Supervisors action is based
shall be given in writing to the persons listed under Section 331(a)
and also stated in the minutes of the Township Board of Supervisors.
Any modifications in the Plan required as prerequisites to approval
of the Final Plan shall be stated.
[Ord. 127, 8/20/1990, § 3.345]
A Plan which has been approved shall not be recorded until the
requirements of Section 338, Recording of Final Plan, have been met.
[Ord. 127, 8/20/1990, § 3.41]
Prior to endorsement of the Plan, the applicant shall deposit
with the Township a financial security in an amount sufficient to
cover the cost of all improvements or common amenities required by
this Ordinance and the Municipal Improvements Agreement and the cost
of preparing as-built drawings of those improvements. The financial
security may be in the form of an irrevocable letter of credit or
restrictive or escrow account in a federal or commonwealth chartered
lending institution or other type of financial security which the
Township approves. The financial security shall guarantee the completion
of all required improvements on or before the date fixed in the formal
action of approval or accompanying agreement for completion of the
improvements.
When requested by the applicant, in order to facilitate financing,
the Township Supervisors shall furnish the applicant with a signed
copy of a resolution indicating approval of the final plan contingent
upon the applicant obtaining a satisfactory financial security. The
final plan shall not be signed or recorded until the Municipal Improvements
Agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the Municipal Improvements
Agreement is not executed within 90 days unless a written extension
is granted by the Township Supervisors; such extension shall not be
unreasonably withheld and shall be placed in writing at the request
of the applicant.
The amount of the financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the applicant. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection.
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements,
submitted by an applicant or developer and prepared by a professional
engineer licensed as such in the Commonwealth of Pennsylvania and
certified by such engineer to be a fair and reasonable estimate of
such cost. Such estimate shall be submitted to the Township no less
than 14 days prior to a meeting of the Township Supervisors. The Township,
upon the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in the Commonwealth of Pennsylvania 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.
If the party posting the financial security requires more than
one year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date of posting of financial security or to an amount
not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the initial one-year
period.
In preparing any estimate of the cost of improvements, the Township
Engineer shall include the payment of prevailing wages if, due to
the scope of the work involved and the amount of default and the limited
resources of the Township, the Township believes it would have to
contract out the completion of the improvements.
[Ord. 127, 8/20/1990, § 3.42]
After a final plan is approved by the Township Supervisors,
the subdivider may install improvements required by this Ordinance
and indicated as being provided by the subdivider in the Subdivision
Improvements Agreement. Any improvements not completed and approved
by the Township at the time of the delivery of the financial security
noted in Section 333 shall be guaranteed in such financial security.
[Ord. 127, 8/20/1990, § 3.421]
In the event of default under an improvement agreement, the
Township may enforce any security by appropriate legal and equitable
remedies. The proceeds of the financial security received by the Township
may be used to construct and install the improvements. If the cost
of the improvements exceeds the amount of the financial security,
the subdivider shall be liable for the amount in excess of the financial
security which the Township has expended for such improvements. In
the case that the amount of the financial security exceeds the actual
cost of improvements made, the Township shall return the unused sum
to the surety or the person who has paid or deposited the financial
security.
[Ord. 127, 8/20/1990, § 3.422]
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Township Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Township Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall, thereupon,
file a report, in writing, with the Township Supervisors, and shall
promptly mail a copy of the same to the developer by certified or
registered mail.
The report shall be made and mailed within 30 days after receipt
by the Township Engineer of the aforesaid authorization from the Township
Supervisors; said report shall be detailed and shall indicate approval
or rejection of said improvements, either in whole or in part, and
if said improvements, or any portion thereof, shall not be approved
or shall be rejected by the Township Engineer, said report shall contain
a statement of reasons for such nonapproval or rejection.
Within 15 days of receipt of the Engineer's report, the
Township Supervisors shall notify the developer in writing by certified
or registered mail of their action.
If any portion of the said improvements shall not be approved
or shall be rejected by the Township Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
As-built plans for all improvements within the subdivision or
land development shall be submitted to the Township following inspection
and approval of the improvements by the Township.
[Ord. 127, 8/20/1990, § 3.50]
Where the Township Supervisors accept dedication of all or some
of the required improvements within a subdivision or land development
following completion, the Township Supervisors may require the posting
of financial security to secure structural integrity of said improvements
as well as the functioning of said improvements in accordance with
the design specifications as depicted on the final plan for a term
of 18 months from the date of acceptance of dedication. The financial
security shall be of the same type as required for installation of
improvements and the amount of the financial security shall be 15%
of the actual cost of installation of the improvements.
[Ord. 127, 8/20/1990, § 3.51]
After approval by the Township Supervisors and the Township
Planning Commission and after the completion of the procedures required
by these regulations the Supervisors and the Planning Commission shall
place their endorsements on the record plan and on as many other copies
of the Final Plan as are necessary. The Record Plan of the subdivision
which has secured final approval shall be signed by at least a majority
of members of the Board of Supervisors and the Township Seal shall
be affixed to the Plan. No subdivision plan may be legally recorded
unless it bears Township approval indicated by the signatures of at
least a majority of the Township Supervisors and the Township Seal.
Before any Record Plan is released for recording, a copy of
any earthmoving permits required by the Pennsylvania Department of
Environmental Resources shall be submitted to the Township.
[Ord. 127, 8/20/1990, § 3.52]
The Record Plan shall be a clear and legible black-on-white
print on material acceptable to the Recorder of Deeds.
[Ord. 127, 8/20/1990, § 3.53]
No subdivision plan may legally be recorded unless it has been
endorsed by the County Planning Commission and bears the County Planning
Commission stamp.
[Ord. 127, 8/20/1990, § 3.54]
After endorsement by the Township and by the County Planning
Commission, the subdivider shall file the Record Plan with the County
Recorder of Deeds within 90 days of the date of final approval by
the Township. If the subdivider fails to record the Final Plan within
such period, the action of the Township shall be null and void.
[Ord. 127, 8/20/1990, § 3.55; as amended by Ord.
299, 8/15/2011, § VII]
The applicant shall and is hereby responsible for providing
the Township with a copy of the plans, in hard copy and electronic
format, as recorded.
[Ord. 127, 8/20/1990, § 3.56]
All streets, parks, or other improvements shown on the subdivision
plan shall be deemed to be private until such time as the same have
been offered for dedication to the Township and accepted by the Township
Supervisors. The acceptance of any improvement shall be by a separate
action of the Township Supervisors.
[Ord. 127, 8/20/1990, § 3.61]
In the case of any subdivision in which all proposed lots will
have frontage on an existing improved Township or state road, the
Township Planning Commission may, at its discretion, permit the subdivider
to submit only preliminary and final plans to the Township, rather
than requiring a subdivider to submit sketch, preliminary, and final
plans.
[Ord. 127, 8/20/1990, § 3.62]
(a) Any replatting or resubdivision of land, including changes to recorded
plans, shall be considered a subdivision, and shall comply with these
regulations, provided that lot lines may be changed from those shown
on the recorded plan, provided that in making such changes:
(1)
No lot or tract of land shall be created which does not comply
with the Township Zoning Ordinance, and
(2)
Utility locations and easements or right-of-way locations shall
not be changed, and
(3)
Street and block locations and sizes shall not be changed, and
(4)
No lot shall be created which does not abut a street, and
(5)
The character of the subdivision shall be maintained, and
(6)
Open space and recreation areas shall not be reduced, and
(7)
The number of lots shall not be increased.
(b) In every case wherein lot lines are changed as permitted above, the
subdivider shall submit to the Township a final plan revised to show
such changes. After this submission the Township will, in writing,
advise the subdivider if the revised plan complies with § 345(a).
[Amended by Ord. 312, 8/20/2012, § XIX]
(1)
When the Plan does comply with § 345(a), the subdivider
shall submit the record plan and an electronic copy of the same to
the Township. The subdivider shall also submit the record plan to
the County Planning Commission for its endorsement (which shall specifically
identify the previous record plan thus superseded), and then record
the plan if endorsement is secured.
(2)
The record plan shall be a clear and legible black-on-white
print on material and in form acceptable to the Recorder of Deeds.
(c) When individual on-lot or community sewage disposal is intended to
be utilized, a copy of the final plan shall be submitted to the Township
Wastewater Consultant, who shall report to the Township prior to endorsement
of the record plan.
[Amended by Ord. 312, 8/20/2012, § XIX]
(d) If the revision of lot lines would result in the relocation of driveway
access points approved by PennDOT, the Township may require submission
of the revised plan to PennDOT for its comments.
[Ord. 127, 8/20/1990, § 3.63]
In the case of the proposed subdivision of land by process of
auction sale, the following procedure may be used by the subdivider:
(a) The subdivider shall prepare and submit sketch and preliminary plans,
in accordance with these regulations.
(b) The preliminary plan shall comply with the requirements of §§ 402
through 405 of this Chapter and in addition shall contain the following
notation:
[Amended by Ord. 312, 8/20/2012, § XX]
|
This property is intended to be sold by auction on or about
_____, 20___, in whole or in part according to this plan. Sale of
lots at such action shall be in the form of agreement to purchase,
and no actual transfer of ownership or interest in such lots shall
proceed until a final plan showing such division of property shall
have been approved by the Township Supervisors, in accordance with
its regulations, and recorded in the office of the County Recorder
of Deeds.
|
(c) The auction sale may then proceed in accordance with the above notation,
after which the subdivider shall prepare and submit a final plan in
accordance with these regulations.
[Ord. 127, 8/20/1990, § 3.64]
Where the conveyance, sale or transfer of land from one parcel
to an adjacent parcel is proposed for the sole purpose of increasing
lot size, and not for the purpose of creating a separate new lot or
land development, the land owner may submit only Sketch and Final
Plans to the Township rather than submit Sketch, Preliminary, and
Final Plans. The Sketch Plan shall contain all information required
by Section 401 of this Chapter and be submitted and reviewed in accordance
with Sections 304 through 307. In addition, the Sketch Plan shall
be accompanied by a draft of the deed for the resultant parcel. This
draft deed shall be reviewed and approved by the Township Solicitor.
The Final Plan shall contain all information required by Sections
406 through 409 of this Chapter and be submitted and reviewed in accordance
with Section 320 through 332. Evidence shall be submitted that the
parcel from which a parcel is being transferred will not violate or
further violate, as the case may be, any requirement of the Township
Zoning Ordinance or other Township regulations. If development is
subsequently proposed for the parcel which has been increased in size,
no building or zoning permit shall be issued unless the applicable
requirements of all Township regulations are complied with. The land
which is transferred to an adjoining parcel for the purpose of increasing
the size of that parcel shall not stand on a separate deed, but shall
be included on the deed for the existing parcel. Nor shall it stand
as a separate purpart on the revised deed. At no time shall the parcel
being transferred be considered a separate building lot.
[Ord. 127, 8/20/1990, § 3.65]
In the case of a land development consisting of a single non-residential
building or two single family detached dwellings on a lot or lots,
the Township Planning Commission may, at its discretion, permit the
developer to submit only a final plan to the Township. The Final Plan
shall contain all information required by Section 406 through 409
of this Chapter and shall be submitted and reviewed in accordance
with Sections 320 through 332. The Final Plan shall be submitted to
the County Planning Commission for review. Submissions to and reviews
from the County Conservation District and the Pennsylvania Department
of Transportation may be required by the Township.