This article lists the requirements for final plans for a major subdivision or any land development, except that a land development that only involves the following may be submitted under the simplified requirements of Article VII:
A.
Final plan submission required.
(1)
A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this Article VI.
(2)
A final plan shall only be submitted after a preliminary plan has been approved by the Board of Commissioners, if a preliminary plan is required.
B.
Final plan submission deadline. An applicant shall file a final plan submission within five years from the date of the approval of the preliminary plan by the Board of Commissioners. Failure to comply with this requirement shall render the preliminary plan submission null and void, and a new preliminary plan submission must be filed under any currently applicable ordinances.
C.
Filing and distribution.
(2)
Any subsequent submittal of revised plans shall be submitted at least 12 days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Township Engineer or Planning Commission. These deadlines may be revised by resolution of the Board of Commissioners.
(3)
The Township staff shall forward applicable plans to the following agencies to seek their comments prior to final plan approval:
(4)
Applicant's distribution. It is the applicant's responsibility to:
(a)
Make agreements with the appropriate utility companies;
(b)
Submit a complete application to PennDOT for any needed permit for access to or work within a state road right-of-way;
(c)
Provide information to PaDEP or other agencies for any permits that might be required;
(d)
Submit a copy of the erosion and sediment pollution control plan to the County Conservation District, and pay their required review fees, if earth disturbance is proposed, and if such erosion control plan was not approved at the preliminary plan level;
(e)
Pay the fees required by the County Planning Commission; and
(f)
If a sewage facility planning module is required by DEP, the applicant shall submit two complete copies for Township use, plus shall submit copies of the module and plans to various agencies as required under state regulations. A sewage planning module shall be completed and fully approved prior to final plan approval.
(5)
The filing of the final plan shall conform with the approved preliminary plan and any conditions and changes recommended by the Township during the preliminary plan review.
(6)
Revisions. A detailed list of revisions and response to each comment from a previously submitted plan shall be provided whenever a revised plan is submitted. The developer's plan preparer shall certify that the list of revisions is complete.
D.
Determination of completeness by Commission.
(1)
Based upon the initial review by the Township staff and/or the Township Engineer, the Planning Commission shall have authority, at its first regularly scheduled meeting after the submission is filed in a timely fashion, to determine that a submission is significantly incomplete and therefore to refuse to review the submission further and to do one or more of the following:
(a)
Not accept the submission, indicating deficiencies in writing, and return the fee (minus the costs of any Township review) to the applicant.
(b)
Accept the submission as being filed for review on the condition that the applicant shall file such additional required materials and information to the Staff or appropriate agency or person within a certain number of days from the date of such acceptance.
(c)
Table the acceptance of the submission until the next Planning Commission meeting where the applicant has met all of the submittal requirements, and has filed such materials within the required time period prior to the meeting. The ninety-day time limit for action shall not begin until the plan is accepted as complete.
(d)
Recommend that the plan be rejected by the Board of Commissioners for just cause, such as the submission being incomplete.
(2)
If the Commission determines that the submission is complete, as filed and as required, the Commission shall accept the plans and may begin its review.
(3)
If the Commission determines that a final plan submission, as filed, departs substantially from the approved preliminary plan, the Commission may classify the submission as a revised preliminary plan (with the applicable review fees required) and process the application as such.
E.
Review by Township staff.
(1)
Review by Township Engineer.
(a)
After the plans are duly submitted for review, unless granted an extension by the Planning Commission or unless the plans are incomplete, the Township Engineer should review the engineering considerations of the preliminary plan and prepare one or more reports on such considerations to the Planning Commission.
(b)
The Township Engineer may make additional reports and recommendations to the Planning Commission and the Board of Commissioners during review of the plan.
(c)
The applicant and/or his/her engineer shall make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings. The Township Engineer may require the applicant or his/her engineer to meet with him/her for this purpose.
(d)
A copy of findings of the Township Engineer should be sent to the applicant or his/her representative by the Township staff.
(2)
Review by Township Zoning Officer.
(a)
After the plans are duly submitted for review, unless granted an extension by the Planning Commission or unless the plans are incomplete, the Zoning Officer should review the zoning considerations of the preliminary plan and prepare one or more reports on such considerations to the Planning Commission.
(b)
The Zoning Officer may make additional reports and recommendations to the Planning Commission and the Board of Commissioners during review of the plan.
(c)
The applicant and/or his/her engineer shall make reasonable efforts to resolve zoning considerations outside of and prior to Planning Commission meetings. The Zoning Officer may require the applicant or his/her engineer to meet with him/her for this purpose.
(d)
A copy of findings of the Zoning Officer should be sent to the applicant or his/her representative by the Township staff.
F.
Review by Planning Commission. The Planning Commission shall accomplish the following within the time limitations of Pennsylvania Municipalities Planning Code[1] (unless the applicant grants a written time extension), while allowing a sufficient number of days within this deadline for a decision by the Board of Commissioners.
(1)
Review applicable reports received from official review agencies.
(2)
Consider whether the final plan submission meets the requirements of this chapter and other applicable ordinances.
(3)
Recommend some/all of any revisions needed for the submission to conform to this chapter or that would generally improve the plan.
(4)
Recommend whether any proposed waivers or modifications should be granted.
(5)
Recommend approval, conditional approval or disapproval of the final plan submission in a written report to the Board of Commissioners. The Commission may recommend conditions for approval or describe requirements which have not been met.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
H.
Decision by Board of Commissioners.
(1)
Notice to applicant. The decision of the Board of Commissioners shall be in writing and shall be communicated to the applicant or applicant's representative personally or mailed or otherwise provided in accordance with state law to him/her at his/her last known address not later than 15 days following the decision.
(2)
Dedications.
(a)
The approval of the final plan by the Board of Commissioners shall not by itself constitute an acceptance of the dedication of any street or other proposed public way, space or area, unless such acceptance is specified at such time.
(b)
Any such acceptance of dedication shall only occur after formal action by the Board of Commissioners at such time.
(c)
As part of an improvements agreement, if the Board of Commissioners elects to accept lands offered for dedication, the submission shall be accompanied by duly executed instruments of conveyance to the Township. Such instruments shall state that the title thereof is free and unencumbered.
(d)
The Board of Commissioners may require that a subdivider provide title insurance.
(3)
Disapproval. When a final plan submission is disapproved, the decision shall specify defects found in the submission, shall describe requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon in each case.
(4)
Conditions. The Board of Commissioners may attach reasonable conditions to an approval to ensure the carrying out of this chapter, other Township ordinances and state laws and regulations. If conditions are placed upon an approval, it shall be the responsibility of the applicant, in writing, to accept or reject the conditions within a maximum of five days after the date that the decision of the Board of Commissioners is mailed. If the applicant fails to accept or reject the conditions within such time period, then it shall be presumed that the applicant has accepted all of the conditions upon the approval. If the applicant rejects any condition, then the approval shall be rescinded, unless a decision of a court determines such condition was not valid.
I.
Development in phases.
(1)
If requested by the applicant, the Board of Commissioners may permit the undertaking of the required improvements and the preparation of the final plan to be completed in a series of sections or phases, each covering a portion of the proposed subdivision or land development as shown on the preliminary plan.
(2)
If final plans are to be filed in sections or phases, each section or phase shall provide sufficient access, utilities and amenities to allow the development to properly function if future phases are not built.
(3)
The boundaries of phases and the timing of related improvements shall be subject to the approval of the Board of Commissioners.
J.
Statement of approval. At the request of the applicant, the Township shall furnish the applicant with a signed statement indicating approval of the applicant's final plan, contingent upon the applicant providing a satisfactory financial security. The final plan will not be signed by Township officials until a satisfactory financial security is presented. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not provided within 90 days, unless a written extension is granted by the Township.
A.
All of the information and materials listed in this section are required as part of all final plans for amajor subdivision or a land development. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Township to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.
B.
The required information listed in this section may be combined or separated onto different sheets, provided that the plans will be clearly readable. If a particular plan or item was submitted at the preliminary plan stage, and is still complete and accurate, then the applicant may reference that submittal in the final plan submission instead of providing additional copies.
C.
Final plan for Major Subdivisions and Certain Land Developments Checklist and List of Submittal Requirements.[1]
[1]
Editor's Note: Said checklist amd requirements are included as an attachment to this chapter.
All certification shall comply with the state professional licensing laws. All subdivisions of land shall be certified and stamped by a registered land surveyor, as required by state law. At least one set of plans provided to the Township (including revisions) shall bear original signatures and original seals of plan preparers and a notarized signature of the applicant and shall be marked as a "Township file copy."