This article sets forth the application requirements for obtaining approval of subdivisions and land developments. The form of the various plans referred to in this article and the information required to be furnished with such plans shall be as specified in Article IV.
Applicants are urged to discuss possible development sites and plans with the Township Planning Commission prior to formal submission of any plan. The purpose of the preapplication meeting or sketch plan review is to afford the applicant an opportunity to receive comments of the Township Planning Commission. Submission of a sketch plan is optional and shall not constitute a formal filing of a plan with the Township. Prospective applicants submitting a preapplication plan for review by the Planning Commission should generally include those items listed in § 200-18 of this chapter. Although all of the plan information outlined in § 200-18 is not required to be shown on the sketch plan, the amount of information actually provided should be proportional to the size and involvement of the proposed activity. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Township. The applicant shall attempt to follow any comments or concerns of the Planning Commission and staff and attempt to address these items in the preliminary plans. An application for a sketch plan submission shall be provided to the Township with the submission of any sketch or preapplication plan. The application form is provided in Appendix 15.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
All formal applications for approval of a subdivision plan or
land development plan shall be made by the developer filing an application
form, to be supplied by the Township Secretary, together with the
appropriate number of copies of plans, studies, reports, supporting
data and required filing fee with the Township Secretary. No application
is complete without the required filing fee.
A.
Initial application. The Township Secretary shall have seven business
days from the date of submission of an application to check the plans
and documents to determine if on their face they are in proper form
and contain all information required by this chapter. If defective,
the Township Secretary may return the application to the applicant
with a statement of rejection, within the seven-business-day period;
otherwise, it shall be deemed accepted for filing as of the date of
submission. Acceptance for filing shall not constitute a waiver of
any deficiencies or irregularities. The applicant may appeal a decision
by the Township Secretary under this section to the Board of Supervisors.
B.
Amendments or corrections to an application. The Township Secretary
shall have seven business days from the date of submission to examine
amended or corrected applications filed to determine whether such
amended or corrected applications result in a substantial amendment
to the plan or in the filing of a plan so changed as to be considered
a new plan. If the Township Secretary determines that the amended
or corrected application constitutes a substantial amendment, he shall
so inform the applicant and shall inform the applicant that the Township
shall consider the ninety-day review procedure to have been restarted
as of the date of the filing of the substantial amendment. If the
Township Secretary determines that the amended or corrected application
constitutes a new plan, he shall so inform the applicant and shall
inform the applicant that a new application and new fees are required.
The applicant may appeal a decision by the Township Secretary under
this section to the Board of Supervisors.
Applicants for approval of plans that meet the following criteria shall not be required to seek preliminary plan approval but shall be permitted to file a single application for final plan approval. All applicants who seek processing in accordance with this section shall submit plans and documentation meeting all requirements of Article IV for final plans.
A.
Subdivision plans. Subdivision plans may be submitted for final approval
where the plan:
(1)
Proposes creation of not more than four new residential lots or dwelling
units either initially or cumulatively considering all previously
approved subdivision plans which included the subject tract; and
(2)
Creates a remainder lot which cannot be further subdivided under this chapter or Chapter 240, Zoning; and
(3)
Requires no installation or improvement of a street; and
(4)
Proposes no installation of any utility outside of the right-of-way
of an existing street.
B.
Land development plans. Land development plans may be submitted as
final plans where the plan proposes the development of a single, nonresidential
building of less than 10,000 square feet on a lot that was previously
created by a recorded plan.
C.
Lot add-on plans.
A.
An applicant may submit an application for preliminary plan approval
on any business day. A preliminary plan shall be submitted no later
than 12:00 noon on the 30th day prior to a meeting of the Planning
Commission in order to be placed on the agenda for that meeting. The
applicant shall not be able to revise the preliminary plan application
or submit additional information relating to the preliminary plan
until the Planning Commission has reviewed the preliminary plan. This
time limitation will allow the Planning Commission and Township staff
to study the preliminary plan and supporting documentation. If the
applicant desires to submit revisions or additional information before
the first meeting of the Planning Commission to review the preliminary
plan, the applicant shall grant the Township an extension of time
within which to act upon the preliminary plan, which extension shall
be not less than 45 days. The applicant shall submit not less than
three copies of the preliminary plan and two copies of all supporting
data. The application shall not be considered complete without the
required numbers of copies of the plans and supporting data and without
the application form and application fee established by the Board
of Supervisors.
B.
Information dissemination. When an application is accepted for filing,
the applicant shall forward complete sets of the application, including
plans and all appropriate documentation, to the Zoning Officer, Township
Engineer, Township Solicitor, and other persons as the Township may
deem appropriate. The applicant shall provide the Township with three
paper copies of the submission package and one digital copy for its
review. The applicant shall provide copies of the preliminary plan
and supporting data to ERSA, EAWA, the County Planning Commission,
the Conservation District and, if the preliminary plan impacts any
state highway, PennDOT. The applicant shall also provide a copy of
the plan to all local emergency providers for their review and comment.
The applicant shall provide the Township with evidence that the applicant
has provided all of these entities with copies of the preliminary
plan.
C.
Review. The Township Zoning Officer, Township Engineer, SEO (if on-lot
sewage disposal is proposed) and ERSA (if public sewer service is
proposed) and/or EAWA (if public water service is proposed) shall
review the preliminary plan. All reviewers shall report their comments
and recommendations to the Planning Commission and the Board of Supervisors.
All reviewers shall conduct their reviews to determine if the preliminary
plan complies with all requirements of this chapter and all other
applicable ordinances and regulations.
D.
Submission of plan revisions. When the Planning Commission and/or
the Township Engineer request any modifications to the preliminary
plan, the applicant shall submit any revised plans to the reviewing
entities, i.e., the Township, Township Engineer, Township Solicitor
no later than 14 days prior to the date of the next meeting of the
Planning Commission at which the preliminary plan will be considered;
provided, however, that if the said modifications result in a substantially
different plan, a new formal application process shall be required
which shall follow all of the procedures and time requirements set
forth herein.
E.
Notice. The applicant for any plan proposing the creation of four
or more residential lots or units of occupancy or any nonresidential
subdivision or land development shall post notice of the date and
time of the first meeting at which the Planning Commission will considered
the preliminary plan on each street frontage of the property involved
for at least 14 consecutive days immediately prior to and including
the date of the Planning Commission meeting. Such notice shall be
clearly visible to the public, shall be on forms provided by the Township
Secretary, and shall contain, in legible print, all the information
therein required. No preliminary plan proposing the creation of four
or more residential lots or units of occupancy or any nonresidential
subdivision or land development shall be considered until proper posting
has occurred. The applicant shall promptly remove posted notices after
the date of the Planning Commission meeting.
F.
Plan presentation.
(1)
The preliminary plan shall be placed on the Planning Commission agenda
for the first meeting that follows at least 30 days after the submission
date. Attendance at the Planning Commission by the applicant or authorized
agent is required. The applicant or agent must be prepared to:
(a)
Display a plan for public viewing which identifies at least
the following: location of planned features, including lots, streets,
off-site improvements, stormwater facilities, water and sewer improvements,
parking and loading facilities.
(b)
Make a presentation to describe the proposed project location
and features. The applicant shall limit the presentation to no more
than five minutes.
(c)
Provide an acceptance or rejection of any recommendations of
the Planning Commission and written comments from the Planning Commission
and Township Engineer reviewers.
(2)
County Planning Commission comments, if provided within the allowed
time for receipt of comments, are to be available for Planning Commission
review before the Planning Commission will make a recommendation to
the Board of Supervisors.
G.
Action by the Board of Supervisors.
(1)
The Board of Supervisors shall act upon the preliminary plan application
within the time limits established in the MPC.
(2)
The Board of Supervisors may approve the preliminary plan, may approve
the preliminary plan subject to modifications or conditions, or may
disapprove the preliminary plan. The Board of Supervisors shall render
and serve its decision in accordance with the requirements of the
MPC.
(3)
If the Board of Supervisors approves the preliminary plan subject
to modifications or conditions, the applicant shall either personally
or in writing approve or reject such modifications or conditions within
five days of receiving notice of such modifications or conditions.
For purposes of this subsection, notice to an individual presenting
the plan on behalf of the applicant (whether such individual be the
applicant himself, a relative of the applicant, an officer of the
applicant, an attorney, a surveyor, an engineer or otherwise) shall
be notice to the applicant, and such person presenting the plan on
behalf of the applicant shall be deemed to have authority to, on behalf
of the applicant, accept or reject such modifications or conditions.
The failure to accept or reject such modifications or conditions within
the five-day period shall be considered to be a rejection of the same
and conditional approval by the Board of Supervisors shall be revoked
and the applicant shall be notified, in writing, within 10 days following
the expiration of the five-day period of the plan rejection; provided,
however, that failure to notify the applicant of such rejection shall
not constitute a deemed approval.
H.
Notice of Township action. After the Board of Supervisors has acted
upon the preliminary plan, copies of the Board of Supervisors' decision
shall be distributed to the County Planning Commission, the applicant,
the Township Engineer and the Township Secretary.
A.
When all conditions of approval required by the preliminary plan approval have been satisfied as required by this chapter and when the developer has reimbursed the Township for all outstanding review fees, the developer may submit a copy of the final plan and supporting documentation prepared in accordance with Article IV to the appropriate reviewing entities, including, but not limited to, the Township, Township Engineer, Township Solicitor, ERSA, EAWA and County Planning Commission for review and confirmation of compliance with such conditions. The applicant shall provide the Township with three hard (paper) copies of the plan submission and one digital copy of the plan for its review; all other reviewing entities shall be provided with one copy of the plan submission for their review.
B.
Submission and approval. The applicant shall comply with all conditions
upon approval of the preliminary plan and shall submit a final plan
to the Township with an application for final approval within two
years from the date of the conditional approval of the preliminary
plan. The two-year period may be extended by the Board of Supervisors
upon a showing by the developer that circumstances beyond his control
have prevented submission of the final plan within the two-year period
and that such circumstances have been overcome or will be overcome
in the foreseeable future. Failure to submit the final plan within
such period requires submission of a new preliminary plan.
(2)
After approval by the Board of Supervisors, the applicant shall submit
three paper sets (24 inches by 36 inches) as specified by the Recorder
of Deeds to the Township. The applicant shall also provide the Township
with one digital copy of the plans after recording.
(3)
All final plans must conform with all conditions of final approval
and must be recorded within the time period established in the MPC.
(4)
Approval of final plans shall not be deemed to constitute acceptance
by the Township of any streets or other public improvements which
are offered for dedication.
The procedures set forth in this section shall apply as an alternative
to the guaranteeing of improvements through a letter of credit or
other security. An applicant whose improvement construction plan is
approved under this section is permitted to install all or part of
the improvements required by this chapter prior to final plan submission.
A.
Improvement construction plan application. After an applicant has
received official notification that the preliminary plan has been
approved and the required changes, if any, have been made, the applicant
may file an application for an improvement construction plan. The
improvement construction plan may be submitted in sections, each section
covering a reasonable portion of the entire proposed subdivision as
shown on the approved preliminary plan.
B.
Application requirements. All improvement construction plan applications shall be made and processed in accordance with §§ 200-11 and 200-13B through H herein. The applicant shall submit not less than three copies of the improvement construction plan and three copies of all supporting data. The application shall not be considered complete without the required numbers of copies of the plans and supporting data and without the application form and application fee established by the Board of Supervisors.
As-built plans of all street improvements (including driveways,
lighting, signage, pavement markings, easements and rights-of-ways
described by metes and bounds, etc.), stormwater management facilities,
including site grading, public water supply facilities, public sewerage
disposal facilities, any changes made to approved design during construction
and other public improvements shall be submitted to the Township,
ERSA and EAWA (if applicable) for review and approval at the completion
of construction and before any dedication for public use. Upon approval
of the as-built plans by the Township, the applicant shall provide
the Township with two paper copies (24 inches by 36 inches) for its
records. The Township shall also be provided with one copy of the
as-built plan in digital form (as a PDF on a CD or other media device)
acceptable to the Township. As-built plans shall be filed prior to
release of the guaranty and issuance of the completion certificate
by the Township Engineer, EAWA Engineer or the ERSA Engineer, as applicable.
Applicants for approval of plans which propose to alter the location of lot lines that meet the following criteria shall not be required to seek preliminary plan approval but shall be permitted to file a single application for final plan approval. All applicants who seek processing in accordance with this section shall submit plans and documentation meeting all requirements of § 200-22 for lot line change and lot add-on plans.
A.
Lot line change/lot add-on requirements. Lot line change/lot add-on
plans shall only be permitted when:
(1)
No lot or tract of land is created which is smaller than the minimum nor larger than the maximum lot size permitted by Chapter 240, Zoning.
(2)
Drainage easements of rights-of-way are not altered.
(3)
Access to the affected parcels is not changed.
(4)
Street alignments are not changed.
(5)
No new lots are created.
B.
Deed required. A copy of the deed to be recorded for the receiving
tract shall be submitted prior to recording of the lot line change/lot
add-on plan. The deed shall provide a description of the receiving
tract which reflects the proposal to join it in common with the acreage
to be conveyed.
C.
Lot line change/lot add-on plan submission and recording procedures.
In every case where a proposal conforms to the requirements of this
section, the application shall comply with the following procedures:
(1)
Submit to the Township four black on white or blue on white paper copies of a lot line change/lot add-on plan prepared to the standards specified in § 200-22 of this chapter, one correctly completed application form, and the appropriate filing fee.
(2)
If the plan is approved, the applicant shall prepare two plans for
recording, which shall be transparent reproductions of the original
plan with black line on stable plastic base film, and one set of paper
copies of the plan for the Township's files. The two transparent copies
of the plan shall be certified by the Township. The applicant shall
record the plans with the Recorder of Deeds. These plans shall be
filed with the Recorder of Deeds prior to the execution of a deed
for the land.
(3)
All plans approved under this subsection shall be recorded as specified
in this chapter.
