[Ord. 1851, 11/27/1995, § 301; as amended by Ord.
1867, 3/24/1997, § 1]
1. 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.
2. Preapplication Consultation. Prior to filing an application for approval
of a subdivision or land development within the Township, the owner
or his authorized agent shall meet with the Township Engineer for
an official classification of his proposed subdivision or land development.
The Township Engineer shall determine whether the proposal shall be
classified as a minor subdivision, a major subdivision or a land development.
At this time, the Township Engineer shall advise the owner or his
authorized agent as to which of the procedures contained herein must
be followed.
3. Official Filing Date.
A. 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 upon which a complete application and plans are
received in the Office of the Township Secretary, 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.
B. Upon receipt of a complete application for subdivision or land development
approval, the Township Secretary or the Secretary's designated
agent shall affix to the application the official filing date.
4. County Planning Agency Review. All plans shall be submitted to and
reviewed by the County Planning Agency in accordance with its then
prevailing rules and regulations. The Township shall forward to the
subdivider a copy of any report of the County Planning Agency. The
Township Secretary shall mail a copy of the preliminary plan to the
County Planning Agency forthwith upon filing by a developer.
[Ord. 1851, 11/27/1995, § 302; as amended by Ord.
1867, 3/24/1997, § 1]
1. All filing, inspection and engineering fees shall be submitted to
the Township.
2. 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. The Board of Commissioners 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 the Board
of Commissioners.
3. Review and Inspection Fees. Review and inspection fees shall include
the reasonable and customary charges by the Township's professional
consultants or engineer for review and report to the Township regarding
subdivision and land development plans and inspections and other work
relating to such plans. Such review and inspection fees shall be reasonable
and in accordance with the ordinary and customary charges by the professional
consultant or engineer for similar service in the community and shall
be set by resolution. Review and inspection fees shall be imposed
in accordance with § 503 and/or 510(g) of the Pennsylvania
Municipalities Planning Code.
4. 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 therefor to the applicant from time to
time by the Board of Commissioners.
[Ord. 1851, 11/27/1995, § 303]
1. Minor subdivision plans shall be initiated and submitted for review
in the form of a final plan as specified in § 403 and shall
be otherwise reviewed in accordance with the procedures and standards
of § 304; provided, that final approval of minor subdivisions
shall be made by the Planning Commission.
2. Additional Subdivision. Any additional subdivision of a tract from
which a minor subdivision has already been formed shall be deemed
to be a major subdivision and shall follow the procedure applying
thereto.
[Ord. 1851, 11/27/1995, § 304; as amended by Ord.
1867, 3/24/1997, § 1]
1. 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 the Board of Commissioners. Sketch plans
should include those items listed in Part 4, "Plan Requirements."
2. Preliminary Plan.
A. Submission of Preliminary Plans.
(1)
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.
(2)
The application form shall be accompanied by the requisite fee
as set forth in § 302 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.
(3)
The Township Engineer shall forward one copy of the preliminary
plan prints and one copy of the required material to the County Planning
Agency and such other agencies as he deems appropriate for review
and comment.
(4)
The Engineer shall forward the remaining copies of the preliminary
plan prints and required materials to the Planning Commission.
(5)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Conservation and Natural Resources.
B. Review of Preliminary Plans.
(1)
In cases where the subdivision or 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.
(2)
The Planning Commission will consider the plan to determine
if it meets the standards set forth in this Chapter.
(3)
In the event that any modification from this Part is requested
by the applicant or is deemed necessary for approval, the modification
request and the reasons for its necessity shall be presented to and
determined by the Planning Commission.
(4)
In making its decision, the Planning Commission shall consider the recommendations of the Township Engineer, Township staff, the County Planning Agency, interested residents and the recommendations of any agency or agencies from which a review was requested under Subsection
2A(3) of this Section.
(5)
The Planning Commission 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 Planning Commission
may hold a hearing thereon after public notice.
(6)
The Planning Commission 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 not approved as submitted,
the Planning Commission shall specify in the 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 the provisions
of any statute or ordinance which have not been fulfilled.
(a)
If a preliminary plan is approved subject to conditions, the
applicant, within 30 days after the date of the notice of decision,
shall notify the Planning Commission in writing whether it accepts
or refuses to accept all of the conditions which have been imposed.
(b)
If, within the required thirty-day time period, the applicant
either notifies the Planning Commission that he refuses to accept
all of said conditions or fails to give notice of acceptance or rejection
of all of said conditions, the Planning Commission shall be deemed
to have denied approval to the preliminary plan.
(7)
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 final detailed design of improvements, to arrange
with the Board of Commissioners for a 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. Resubmission of Preliminary Plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
3. Final Plan.
A. Submission of Final Plans.
(1)
After the subdivider or developer has received official notification
from the Planning Commission that the preliminary plan has been approved,
he must submit a final plan in accordance with the provisions of § 508
of the Municipalities Planning Code and § 403 of this Chapter.
(a)
Land development plans will be subject to final plan approval
only if the land development will change a plan previously recorded
in the Recorder's Office, such as by addition, deletion or modification
of a road to be dedicated to the Township, or otherwise.
(2)
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.
(3)
The subdivider or developer must submit with the final plan
a guarantee for the installation of improvements which meets the requirements
of Part 6 and a development agreement, both of which are acceptable
to the Board of Commissioners.
(4)
The application form shall be accompanied by the requisite inspection
and engineering fees in accordance with § 510 of the Municipalities
Planning Code.
(5)
Documented approval of the planning module for land development
by the Pennsylvania Department of Conservation and Natural Resources
shall be a part of the requisite materials accompanying the final
plan submission.
(6)
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.
(7)
Upon receipt of the final plan, the Engineer 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 County
Conservation District for review and comments; one copy of the plan
and one of all other material to the County Planning Agency; and copies
to such other agencies whose recommendations would be pertinent to
the processing of the plan.
B. Review of Final Plans.
(1)
The Planning Commission will review the plan and requisite materials
for compliance with the approved preliminary plan and for conformance
to the requirements of this Chapter.
(2)
The Planning Commission shall act on minor subdivisions pursuant
to § 508 of the Municipalities Planning Code.
(3)
In making its recommendation, the Planning Commission shall consider the comments of the Engineer, the County Planning Agency, the County Conservation District, PennDOT and the recommendations of any agency or agencies from which a review was requested under Subsection
3A(7) of this Section.
(4)
The Planning Commission 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 Part 6 and a development
agreement, both of which are acceptable to the Board of Commissioners.
(5)
The Planning Commission 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.
(6)
The Planning Commission 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 not approved as submitted, the
Planning Commission shall specify in the 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 the provisions
of any statute or ordinance which have not been fulfilled.
(a)
If a final plan is approved subject to conditions, the applicant,
within 30 days after the date of the notice of decision, shall notify
the Planning Commission in writing whether it accepts or refuses to
accept all of the conditions which have been imposed.
(b)
If, within the required thirty-day time period the applicant
fails to notify the Planning Commission of the acceptance or rejection
of all of said conditions, the Planning Commission shall be deemed
to have denied approval to the final plan.
(7)
If the final plan is approved subject to conditions, the Planning
Commission shall not endorse the plan until all of the conditions
have been met.
(8)
If the Planning Commission 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.
C. Resubmission of Final Plans. A revised plan submitted after disapproval
shall be considered and processed as a new plan submission.
D. Recording of Final Plans.
(1)
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 Planning Commission. A copy of the signed final
plan shall be recorded in the office of the County Recorder of Deeds
within 90 days after approval of the final plan. The final plan must
be recorded before proceeding with the sale of lots or construction
of buildings.
(2)
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 Board of Commissioners
or Township concerning maintenance or improvements by ordinance or
resolution.
(3)
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.