A.
Final authority for approval or denial of approval for all preliminary
and final subdivision and land development plans shall be vested in
the Board of Supervisors. However, prior to action by the Board, all
such plans shall be referred to the Township Planning Commission for
review and recommendation; provided, however, that the failure to
make such referral and/or the failure of the Commission to review
and/or make a recommendation with respect to any such plan shall not
affect the validity of any action taken by the Board with respect
to any such plan.
B.
Plans submitted for review shall be received by the Township no fewer
than 21 calendar days preceding the date of the review meeting in
which the review is to take place. The reviewing body may defer the
review of plans which have not been so received. The twenty-one-day
time limit may be waived at the discretion of the reviewing body.
[Amended 8-10-1987 by Ord. No. 1987-11]
C.
The Board of Supervisors shall render a decision on all applications
and communicate it to the applicant not later than 90 days following
the date of the regular meeting of the Planning Commission next following
the date the application is filed, provided that should said next
regular meeting occur more than 30 days following the filing of the
application, said ninety-day period shall be measured from the 30th
day following the day the application was filed or in accordance with
any extensions granted.
[Amended 11-14-1994 by Ord. No. 1994-5]
D.
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or by the end of the period specified in Subsection C hereof, whichever shall first occur, or in accordance with any extension(s) granted. The form and content of the decision shall comply with applicable requirements of Act 247, Section 508.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
A.
Submission.
(1)
All applicants for subdivision or land development may submit a sketch
plan to the Planning Commission for review prior to submission of
a formal application, except under the procedure for conditional use
amendments; however, submission of a sketch plan is not mandatory.
Submission of a sketch plan does not constitute a formal subdivision
or land development application.
(2)
Sufficient copies of the sketch plan may be submitted to the Township
for distribution to the Planning Commission and Township Engineer
prior to the Commission meeting at which the sketch plan is to be
discussed. The requisite number of copies shall be as determined by
the Board.
(3)
The applicant is strongly urged to consult Chapter 134, Slope Conservation, and Chapter 138, Soil Erosion and Sediment Control, prior to submission of the sketch plan in order to ensure that the proposed subdivision or land development will be compatible with the conservation and stormwater management plans to be submitted.
B.
Review.
(1)
The Planning Commission shall, at a meeting with the applicant, consider
the suitability of the sketch plan for the development of the land
and its relationship to the harmonious extension of streets and utilities,
arrangement and density of housing and compatibility of the plan with
the Comprehensive Plan for the Township. Based on this meeting, the
Commission may give its comments to the applicant; provided, however,
that the failure of the Commission to submit comments, in writing,
shall not be deemed to be an approval of any application or to vest
any rights in the applicant.
(2)
The applicant may, but need not, request further review of the sketch
plan by the Board. If further review is requested, the Board may consider
the sketch plan, may consider the written or other comments of the
Planning Commission, may meet with the applicant and may advise the
applicant as to the Board's comments with respect to the sketch plan;
provided, however, that the Board is not required to review the sketch
plan nor to submit comments to the applicant if the Board does review
the sketch plan.
(3)
Nothing herein contained nor the failure of the Planning Commission
or the Board, or both, to proceed or act in accordance with this section
shall be deemed to be a decision with respect to any subdivision or
land development plan or to vest any rights in the applicant.
A.
Submission.
(1)
All preliminary plans submitted pursuant to this chapter shall conform
to the requirements of this chapter and shall, in addition, conform
to such administrative regulations of the Board as may have been adopted
by the Board at any time or from time to time and as shall be in effect
and applicable to the submission at the time such submission is initiated.
All submissions shall be on the form promulgated by the Township for
the submission of subdivision or land development plans.
(2)
Official submission of a preliminary plan to the Township shall consist
of:
(a)
One copy of the application for review of preliminary subdivision
or land development plan on the form promulgated by the Township for
this purpose.
(b)
Four copies of the preliminary plan and all supporting plans
and information or as required to enable proper distribution and review,
as required by the Board.
(c)
Payment of application fees and deposit of escrow for plan review
cost.
(d)
Completion of filing requirements of the Delaware County Planning
Commission.
(3)
Copies of the preliminary plan and all required supplemental data
initially shall be submitted to the Township, together with the required
fees and escrow deposit established in accordance with the terms of
this chapter. The Township shall note the date of receipt of the application,
fees and escrow deposit. The application shall not be deemed to be
submitted until a complete application and the required fees and the
required escrow deposit all have been submitted. The Township shall
make a preliminary review of the application. If the Township determines
that the application is defective on its face, it shall notify the
applicant, who may request the return of all submissions for the purpose
of correction and resubmission. A request for the return of all submissions
shall be in writing and shall be deemed to be a withdrawal of the
application.
(4)
Upon submission of a complete application, together with all required
fees and escrow deposits, the Township shall accept the application,
plans and other required materials as filed and shall transmit the
requisite number of copies of the plans and other required materials
to the Planning Commission and the Township Engineer.
(5)
Notice of the filing of the application by mail shall be given by
the Township at the expense of the applicant to all property owners
within 500 feet of the affected tract. The notice shall provide instructions
on how to view the Planning Commission and Board of Supervisors meeting
agendas and on how to register for email notifications of future Planning
Commission or Board of Supervisor meetings to review the application.
The failure to give mail or email notices under this section shall
not invalidate any action taken by the Planning Commission or the
Board of Supervisors.
[Amended 8-12-2019 by Ord. No. 2019-01]
B.
Review.
(1)
Township Planning Commission.
(a)
The Planning Commission shall review all plans referred to it
and shall consider any recommendations made by any county agency,
the Township Engineer and any other persons or entity who shall have
submitted comments with respect to any such application.
(b)
After such review, the Commission shall send written notice
of the action of the Commission and the reasons therefor, citing specific
sections of statutes or ordinances relied upon, to the Board of Supervisors.
(c)
Unless extended by the Board of Supervisors or otherwise specified
by the Board, a preliminary plan approval shall expire if the applicant
fails to obtain final plan approval within 12 months from the date
of the granting thereof.
[Added 6-24-1991 by Ord. No. 1991-5]
(d)
At its own discretion, before acting on any preliminary plan,
the Planning Commission may hold a hearing thereon after public notice.
[Added 8-12-2019 by Ord.
No. 2019-01]
(2)
Board of Supervisors.
(a)
When a preliminary plan has been officially submitted to the
Board of Supervisors by the Planning Commission or 30 days prior to
the expiration of the review period, such plan shall be placed on
the Board's agenda for review and action.
[Amended 8-12-2019 by Ord. No. 2019-01]
(b)
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Township Planning Commission, Township Engineer, County Planning Commission and all other reviewing agencies, and comments from public hearings, if any, to determine conformity of the application to the standards of this chapter and any other applicable ordinance. The Board may specify conditions, changes, modifications or additions to the application which the Board deems necessary or appropriate and may make a decision to grant preliminary approval subject to such conditions, changes, modifications or additions, citing appropriate ordinance provisions as prescribed in Subsection B(2)(d) hereof.
(c)
(d)
Whenever the approval of a preliminary plan is subject to conditions,
the written action of the Board as prescribed herein shall:
(e)
At any time, the applicant with the concurrence of the Township,
may waive time limitation by doing so in writing. The applicant may
waive preliminary approval by the Board of Supervisors and request
that final approval be granted.
(f)
At its own discretion, before acting on any preliminary plan,
the Board of Supervisors may hold a hearing thereon after public notice.
[Added 8-12-2019 by Ord.
No. 2019-01]
A.
Submission.
(1)
The final plan shall conform to the terms of approval of the preliminary
plan and to the most recent administrative regulations adopted by
the Board.
(3)
Official submission of a final plan to the Subdivision Officer shall
consist of:
(a)
Four copies of the application for review of final subdivision
or land development plan on the form promulgated by the Township for
this purpose.
(b)
A sufficient number of copies as specified on the application
form of the final plan and all supporting plans and information to
enable proper distribution and review, as required by the Board.
(c)
Payment of application fees and deposit of escrow for plan review
cost.
(4)
Copies of the final plan and all required supplemental data initially
shall be submitted to the Township, together with the required fees
and escrow deposit established in accordance with the terms of this
chapter. The Township shall note the date of receipt of the application,
fees and escrow deposit. The application shall not be deemed to be
submitted until a complete application and the required fees and the
required escrow deposit all have been submitted. The Township shall
make a preliminary review of the application. If the Township determines
that the application is defective on its face, it shall notify the
applicant who may request the return of all submissions for the purpose
of correction and resubmission. A request for the return of all submissions
shall be in writing and shall be deemed to be a withdrawal of the
application.
(5)
Upon submission of a complete application, together with all required
fees and escrow deposits, the Township shall accept the application,
plans and other required materials and shall transmit the requisite
number of copies of the plans and other required materials to the
Township Planning Commission and the Township Engineer. In addition,
copies shall be transmitted to such additional persons or agencies
as the Township shall determine.
(6)
Notice of the filing of the application shall also be given to all
abutting property owners within 500 feet of the affected tract. The
notice shall provide instructions on how to view the Planning Commission
and Board of Supervisors meeting agendas and on how to register for
email notifications of future Planning Commission or Board of Supervisor
meetings to review the application. The failure to give mail or email
notices under this section shall not invalidate any action taken by
the Planning Commission or the Board of Supervisors.
[Amended 8-12-2019 by Ord. No. 2019-01]
(7)
Where the final plan is for a minor subdivision, the requisite number
of copies shall be submitted to the County Planning Commission and
other applicable agencies for their review.
B.
Review.
(1)
Township Planning Commission.
(a)
The Planning Commission shall review the final plan submitted
and shall consider any recommendations made by any county agency,
the Township Engineer and any other persons or entity who shall have
submitted comments with respect to any such application.
(b)
After such review, the Commission shall send written notice
of the action of the Commission and the reasons therefor, citing specific
sections of statutes or ordinances relied upon to the Board of Supervisors.
(c)
At its own discretion, before acting on any final plan, the
Planning Commission may hold a hearing thereon after public notice.
[Added 8-12-2019 by Ord.
No. 2019-01]
(2)
Board of Supervisors.
(a)
When a written report on a final plan has been officially returned
to the Board of Supervisors by the Planning Commission, such plan
shall be placed on the agenda of the Board of Supervisors for review
and action.
[Amended 8-12-2019 by Ord. No. 2019-01]
(b)
Upon receipt of the Planning Commission's recommendation and
other supporting information, the Board shall, at one or more regular
or special public meetings, review the final plan and shall, within
the time limitations set forth herein below, either approve or disapprove
the plan.
(c)
At its own discretion, before acting on any final plan, the
Board of Supervisors may hold a hearing thereon after public notice.
[Added 8-12-2019 by Ord.
No. 2019-01]
(3)
Every final plan approval shall be subject to these further conditions,
and any others required by the Township:
(a)
The applicant shall execute a subdivision and land development agreement in accordance with § 148-14.
(c)
The applicant shall agree, if requested, to tender a deed of
dedication to the Township for such streets, any and all easements
for sanitary sewers, waterlines or storm sewers, and improvements
thereto, including street paving, sidewalks, shade trees, water mains,
fire hydrants, sanitary and storm sewers, manholes, inlets, pumping
stations and other appurtenances as shall be constructed as public
improvements and as are required for the promotion of public welfare,
after all streets, sidewalks, sewers and the like are completed and
such completion is certified as satisfactory by the Township Engineer.
The Board shall require that the applicant supply a title insurance
certificate from a reputable company before any property is accepted
for dedication by the Township.
(d)
Whenever the applicant is providing open space as part of the
development, an easement in perpetuity restricting such open space
against further subdivision or development except recreation facilities
approved by the Township shall be executed between the applicant and
the Township or an organization acceptable to the Township and shall
run to the benefit of the Township and lot purchasers in the subdivision
or land development.
(e)
The applicant shall have applied for all required permits from
agencies having jurisdiction over ancillary matters necessary to effect
the subdivision or land development, such as Pennsylvania Departments
of Transportation and Environmental Protection and the Public Utility
Commission, and no construction shall commence until final approvals
of permits shall be granted.
The applicant shall execute an agreement, to be approved by
the Township, before the final plan is released by the Board of Supervisors
and filed on record. Such agreement shall specify the following, where
applicable:
A.
The applicant agrees that he will lay out and construct all streets
and other improvements, including grading, paving, curbs, gutters,
sidewalks, streetlights, fire hydrants, water mains, street signs,
shade trees, storm and sanitary sewers, landscaping, traffic control
devices, open space areas and erosion and sediment control measures
in accordance with the final plan as approved, where any or all of
these improvements are required as conditions of approval.
B.
The applicant guarantees completion and maintenance of all improvements by means of a type of financial security acceptable to the Township, as specified in § 148-15B.
C.
The applicant agrees to tender a deed or deeds of dedication to the Township in compliance with § 148-13B(3)(c), provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer.
D.
Whenever an applicant proposes to establish or continue a street
which is not offered for dedication to public use, the Board of Supervisors
shall require the applicant to submit, and also to record with the
plan, a copy of an agreement made with the Board on behalf of himself
and his heirs and assigns, and signed by him, and which shall establish
the conditions under which the street may later be offered for dedication
and shall stipulate, among other things:
(1)
That an offer to dedicate the street shall be made only for the street
as a whole.
(2)
That the Township shall not be responsible for repairing or maintaining
any undedicated streets.
(3)
That the method of assessing repair and maintenance costs of undedicated
streets be stipulated and be set forth in recorded deed restrictions
so as to be binding on all successors or assigns.
(4)
That, if dedication be sought, the street shall conform to Township
specifications or that the owners of the abutting lots shall, at their
own expense, restore the street to conformance with Township specifications.
A.
The applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all improvements (including both public and private improvements) and common amenities, including but not limited to streets, walkways, curbs, gutters, streetlights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection F hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage facilities.
B.
Financial security required herein shall be in the form of a federal
or commonwealth chartered lending institution irrevocable letter of
credit, a restrictive or escrow account in such institution or with
a financially responsible bonding company or such other type of financial
security which the Township may approve. The bonding company may be
chosen by the party posting the financial security, provided that
the bonding company or lending institution is authorized to conduct
business within the commonwealth and stipulates that it will submit
to Pennsylvania jurisdiction and Delaware County venue in the event
of legal action, and that Pennsylvania law shall control the decision
on the issues.
C.
The financial security shall provide for and secure to the public
the completion of all subdivision improvements for which such security
is being posted within one year of the date fixed in the subdivision
plan and subdivision agreement for completion of such improvements.
D.
The amount of financial security shall be equal to 110% of the cost
of the required improvements for which financial security is to be
posted. The cost of the improvements shall be established by submission
to the Board of Supervisors of bona fide bid or bids from the contractor
or contractors chosen by the party posting the financial security
to complete the improvements, or in the absence of such bona fide
bids, the costs shall be established by estimate prepared by the Township
Engineer. 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
shall be increased by an additional 10% for each one-year period beyond
the first anniversary date from 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 preceding
one-year period by using the above bidding procedures.
E.
In the case where development is projected over a period of years,
the Board of Supervisors may authorize submission of final plans by
section or stage of development, subject to such requirements or guaranties
as to improvements in the future sections or stages of development
as it finds appropriate for the protection of any finally approved
section of the development and consistent with the terms of Act 247.
F.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
G.
As the work of installing the required improvements proceeds, the party posting the financial security may request the Township to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Upon certification of the Township Engineer, the Township shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. The Township Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Township his independent evaluation of the proper amount of partial releases. The Township may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per Article VI.
Within 90 days of the applicant's execution of the subdivision
and land development agreement and performance guaranty, the final
plan and agreement shall be recorded by the applicant in the office
of the Recorder of Deeds of Delaware County or the approval may be
voided by the Township prior to recording.
A.
No construction or land disturbance activities (not including soil
or percolation testing, well drilling or similar engineering or surveying
activities) shall be commenced until the applicant submits to the
Township Secretary a copy of the Recorder of Deeds' receipt for recording
of the final plan and copies of all required permits of other governmental
authorities.
B.
No application for a building permit under Chapter 172, Zoning, of the Code of the Township of Newtown shall be submitted and no building permit under Chapter 172, Zoning, shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for the subdivision or land development have been approved and recorded as provided for and until the terms of § 148-12A(1) hereof have been satisfied. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been complied with.
C.
No water system or sewer system, including extensions to existing
or proposed Township systems or new systems employing sewage treatment
plants, shall be constructed prior to the issuance of appropriate
permits from the Pennsylvania Department of Environmental Protection
or from federal or local agencies, as required.
The continuing validity of any approval of plans in accordance
with this article shall be subject to those limitations established
by Section 508(4) of Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
Major modifications of the approved plan, as determined by the
Township, shall be resubmitted and reprocessed in the same manner
as the original plan. All site disturbance activities shall cease
pending approval of modified plans.
