A.
Hereafter all plans for the subdivision or development
of land within the municipality shall be reviewed by the Township
Planning Commission and other Township, state or county officials
as deemed necessary and shall be approved or disapproved by the governing
body in accordance with procedures specified in this chapter. The
provisions and requirements of this chapter shall apply to and control
land subdivisions which have not been recorded in the office of the
Recorder of Deeds in and for Montgomery County, Commonwealth of Pennsylvania,
prior to the effective date of this chapter; provided, however, that
any change in a recorded plan shall constitute a resubdivision and
shall make said plan subject to any and all requirements of this chapter.
B.
Payment of all reasonable fees, costs and expenses
incurred by the Township for reviews performed by its professionals
and/or consultants shall be the responsibility of the subdivider,
which shall be billed, paid and/or disputed in accordance with the
provision of Section 503(1) of the Pennsylvania Municipalities Planning
Code.[1] Review fees may include all reasonable charges by the
municipality's professionals and/or consultants for review and report
thereon to the municipality. Such review fees shall be based upon
a schedule established by resolution. Such review fees shall be in
accordance with the ordinary and customary charges for similar services
in the community, but in no event shall the fees exceed the rate or
cost charged by the professional and/or consultant for comparable
services to the municipality.
[1]
Editor's Note: See 53 P.S. § 10503(1).
A.
Plan to be filed with the municipality. Copies of
the sketch plan for a proposed subdivision, together with all supporting
data, may be submitted to the Municipal Secretary by the subdivider.
No filing fee is required, and the sketch plan shall not be considered
an official submission of a plan to the municipality.
C.
Distribution of sketch plans. The Municipal Secretary
shall refer the sketch plans to the following:
A.
A sketch plan shall be considered as a submission
for informal discussion between the subdivider and the municipality.
B.
Review by the Municipal Planning Commission. After
a sketch plan has been submitted, such plan shall be reviewed by the
Municipal Planning Commission at the next scheduled meeting, provided
that such submission has occurred no less than seven calendar days
prior to the scheduled meeting.
A.
Plan to be filed with municipality. Copies of the
preliminary plan and all required supporting data shall be officially
submitted to the Municipal Secretary by the subdivider.
B.
Official submission of preliminary plan shall include
the following:
(1)
Three completed copies of the application for review
of preliminary subdivision plan.
(2)
Seven legible black-line or blue-line paper prints and one PDF electronic copy and one PDF copy on a disk of the preliminary plan shall be required. Plans shall comply with the requirements of Article IV, § 264-21, of this chapter. If the proposed preliminary plan abuts or traverses a state road, one copy of the plan shall be submitted to be filed with the Pennsylvania Department of Transportation.
(3)
Five completed copies of the sewage disposal report
whenever soil percolation tests are required.
(4)
Four copies of all other required information, including
the proposed erosion and sediment plan.
C.
Filing fee. The Municipal Secretary shall collect
a filing fee and an escrow fee as established by the governing body.
The escrow fee is intended to cover the costs incurred by the municipality
in examining the plans and other expenses that are incidental to the
review of the plan. The subdivider shall pay the filing fee and escrow
fee at the time of the filing of the preliminary application. The
subdivider shall be required to replenish the escrow upon notice from
the municipality that additional money is necessary to cover the review
by the professional consultants/staff of the municipality. Any fee
charged by the Montgomery County Planning Commission or any other
agency is not included in the municipal filing fee or escrow. It shall
be the responsibility of the subdivider to submit the filing fee charged
by the Montgomery County Planning Commission and any other agency
at the time said application is filed with any plan(s) submitted for
review to the Montgomery County Planning Commission or other agency.
D.
Distribution of preliminary plans. The Municipal Secretary
(or his/her representative) shall refer the preliminary plans to the
following:
(1)
One copy to the County Planning Commission.
(2)
Two copies to the Municipal Planning Commission.
(3)
Two copies to the Municipal Engineer.
(4)
Two copies to the governing body.
(5)
Electronic copy to the Township Manager via e-mail,
and one disk to be filed with the aforementioned application and plans.
A.
Review by the Municipal Engineer. The Municipal Engineer
shall review the preliminary plan to determine its conformance to
this chapter. The Engineer may recommend changes, alterations or modification,
as he/she may deem necessary. The report of the Engineer shall be
in writing and shall be submitted to the Municipal Planning Commission
at the regularly scheduled or special meeting at which the preliminary
plan is to be considered by the Municipal Planning Commission.
B.
Review by the Municipal Zoning Officer. The Municipal Zoning Officer shall review the preliminary plan to determine its conformance to Chapter 310, Zoning. The Municipal Zoning Officer shall check all zoning data as required to be shown under Article IV, § 264-21, to determine if information shown is in accordance with the latest amendments to Chapter 310, Zoning. The report from the Municipal Zoning Officer as to the accuracy of the information shown shall be submitted to the Municipal Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be considered by the Municipal Planning Commission.
C.
Review by the Pennsylvania Department of Transportation.
If a proposed subdivision abuts or is traversed by a state road, the
Municipal Secretary shall require one additional copy of the preliminary
plan and shall transmit this copy to the district office of the Pennsylvania
Department of Transportation for its review and comments.
D.
Review by the Central Perkiomen Valley Regional Planning
Commission (CPVRPC). If a proposed subdivision or land development
meets the criteria of a proposed plan of regional significance, then
the proposed subdivision or land development must be reviewed by the
CPVRPC. If the proposed subdivision or land development plan requires
review by the CPVRPC, the Municipal Secretary shall require one additional
copy of the preliminary plan to be submitted to the CPVRPC for review.
E.
Review by the Municipal Planning Commission.
(1)
When a preliminary plan has been officially submitted,
such plan shall be reviewed by the Municipal Planning Commission at
its next regularly scheduled meeting or, at the discretion of the
Municipal Planning Commission, at a special meeting which may be held
prior thereto.
(2)
No official action shall be taken by the Municipal
Planning Commission with respect to a preliminary plan until the municipality
has received the written report of the County Planning Commission,
the CPVRPC, and the Pennsylvania Department of Transportation, if
applicable; provided, however, that if these reports are not received
within 30 days after transmittal to these agencies, then the Municipal
Planning Commission may officially act without having received and
considered such report(s).
(3)
During review of the preliminary plan, the Municipal
Planning Commission shall consider the written reports of the Municipal
Engineer and the Municipal Zoning Officer before making its final
decision.
F.
Review by the governing body.
(1)
When a preliminary plan has been officially referred
to the governing body by the Municipal Planning Commission together
with its recommendation, such plan may be reviewed at the next regularly
scheduled meeting.
(2)
The governing body shall review the preliminary plan
and the written recommendation of the Municipal Planning Commission.
The governing body may also consider the written reports of the County
Planning Commission (if same has been received), the CPVRPC, the Municipal
Engineer, and any other officials and official boards of the municipality
to determine whether the preliminary plan conforms to the standards
contained in this chapter and any other municipal ordinances. The
governing body may require or recommend such changes and modifications
as it deems necessary or advisable in the public interest.
(3)
The decision of the governing body shall be in writing
and shall be communicated to the subdivider personally or mailed to
him/her at his/her last known address not later than 15 days following
the decision.
(4)
When the application is not approved, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
(5)
Failure of the governing body to render its decision
and communicate it to the subdivider within the time and in the manner
required under Section 508 of the Pennsylvania Municipalities Planning
Code[1] shall be deemed an approval of the preliminary application
unless the applicant has agreed in writing to an extension of time
or change in the prescribed manner of presentation of communication
of the decision; in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
[1]
Editor's Note: See 53 P.S. § 10508.
(6)
Approval of preliminary plan shall not constitute
acceptance of a subdivision for recording. Approval is only an expression
of a general plan to be used in preparing the final subdivision plan
for final approval and recording upon fulfillment of this chapter.
Any conditions set forth by the governing body as a condition of approval
of the preliminary plan shall be addressed when preparing the final
subdivision plan for final approval.
(7)
When a preliminary plan has been approved or approved
subject to conditions acceptable to the subdivider, no subsequent
change or amendment in the zoning, subdivision or other governing
ordinance or plan shall be applied to affect adversely the right of
the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of such approval within five
years from such approval.
A.
Within one year of the governing body's approval of
the preliminary plan, a final plan shall be officially submitted to
the municipality. However, an extension of time may be granted by
the governing body upon written request. A final plan submitted after
this expiration of time, for which no time extension has been granted,
may be considered as a new preliminary plan.
B.
The final plan shall conform in all respects to the
preliminary plan as reviewed by the Municipal Planning Commission
and approved by the governing body. The final plans should incorporate
any conditions that were made a part of the approval of the preliminary
plans.
C.
The municipality may allow submission of the final
plan in phases. Each phases shall cover a reasonable portion of the
entire proposed subdivision as shown on the approved preliminary plan.
D.
Plans to be filed with the municipality. Copies of
the final plan and all required supporting data shall be officially
submitted to the Municipal Secretary (or his/her representative) by
the subdivider (or his/her representative) authorized in writing to
submit the final plan.
E.
Official submission of final plan shall include the
following:
(1)
Three completed copies of the application for review
of final subdivision plan.
(2)
Seven legible black-line or blue-line paper prints and one PDF electronic copy and one PDF copy on a disk of the final plan shall be required. Plans shall comply with the requirements of Article IV, § 264-22, of this chapter. If the proposed final plan abuts or traverses a state road, one copy of the plan shall be submitted to be filed with the Pennsylvania Department of Transportation.
(3)
Two copies of all other required information, including
the following, if applicable:
(a)
All offers of dedication and covenants governing
the reservation and maintenance of undedicated open space, which shall
be approved by the Municipal Solicitor in writing as to their legal
sufficiency.
(b)
Such private deed restrictions, including building
reserve lines, as may be imposed upon the property as a condition
of sale, together with a statement of any restrictions previously
imposed which may affect the title to the land being subdivided.
(c)
Whenever a subdivider proposes to establish
a street which is not offered for dedication to public use, the Municipal
Planning Commission or governing body may require the subdivider to
submit, and also to record with the plan, a copy of an agreement made
with the municipality binding upon the subdivider and his/her heirs,
successors and assigns and approved by the Municipal Solicitor, in
writing, and which shall establish the conditions under which the
street may later be offered for dedication and shall stipulate, among
other things, the following:
[1]
That the street shall conform to municipal specifications
or that the owners of the abutting lots shall include with the offer
of dedication sufficient money, as estimated by the Municipal Engineer,
to restore the street to conformance with the municipal specifications.
[2]
An offer to dedicate the street shall be made
only for the street as a whole.
[3]
The method of assessing repair cost to be stipulated.
[4]
Agreement by the owners of 60% of the front
footage thereon shall be binding on the owners of the remaining lots.
(d)
When approval by the Pennsylvania Department
of Environmental Protection is required for the water supply or sanitary
sewer disposal system(s) for a proposed subdivision, the Municipal
Planning Commission shall require that two copies of such certification
of approval shall be submitted with the final plan.
(f)
Any proposed intersection of a new street with
a state legislative route must receive a "highway occupancy permit"
from the Pennsylvania Department of Transportation (PennDOT). A letter
from PennDOT indicating approval of the intersection and a copy of
the highway occupancy permit shall accompany the final plan submission.
(g)
When a revision to the municipality's official
sewage facilities plan is required under Pennsylvania Code Title 25,
Chapter 71, Administration of Sewage Facilities Planning Program,
a copy of the municipal resolution amending the official plan and
a copy of the PADEP's letter approving the plan revision shall accompany
the final plan submission.
(h)
If the common facilities such as roads, open
space, storm sewer facilities, or any part thereof, are not intended
for dedication and to be owned, maintained and operated by a homeowners'
association or like entity, the applicant shall submit draft documents
establishing same. The draft documents of the homeowners' association
or like entity shall be submitted for approval, in writing, by the
Municipal Solicitor.
F.
Filing fee. The Municipal Secretary shall collect
a filing fee and an escrow fee as established by the governing body.
The escrow fee will be charged in order to cover the Township's costs
of examining the plans and other expenses that are incidental to the
review and approval of the subdivision. The subdivider shall pay the
filing fee and escrow fee at the time of the filing of the final plan
application with the municipality. The subdivider shall be required
to replenish the escrow upon notice from the municipality that additional
money is necessary to cover the review by the professional consultants/staff
of the municipality. Any filing fee charged by the Montgomery County
Planning Commission or other agency is not included in the municipality
filing fee or escrow. It shall be the responsibility of the subdivider
to submit the filing fee charged by the Montgomery County Planning
Commission and any other agency at the time said application is filed
with any plan(s) submitted for review to the Montgomery County Planning
Commission or other agency.
D.
Review by the governing body.
(1)
The final plan shall be reviewed, approved or denied
in accordance with the following:
(a)
When a final plan has been officially referred
to the governing body by the Municipal Planning Commission together
with its recommendation, such plan may be reviewed at the next regularly
scheduled meeting.
(b)
The governing body shall review the final plan
and the written recommendation of the Municipal Planning Commission.
The governing body may also consider the written reports of the County
Planning Commission (if same has been received), the CPVRPC, the Municipal
Engineer, and any other officials and official boards of the municipality,
to determine whether the final plan conformance to the standards contained
in this chapter and any other municipal ordinances. The governing
body may require or recommend such changes and modifications as it
deems necessary or advisable in the public interest.
(c)
The decision of the governing body shall be
in writing and shall be communicated to the subdivider personally
or mailed to him/her at his/her last known address not later than
15 days following the decision.
(d)
When the application is not approved, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
(e)
Failure of the governing body to render its
decision and communicate it to the subdivider within the time and
in the manner required under Section 508 of the Pennsylvania Municipalities
Planning Code[1] shall be deemed an approval of the final application unless
the applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision;
in which case failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
[1]
Editor's Note: See 53 P.S. § 10508.
(f)
Approval of the final plan shall not constitute
acceptance of a subdivision for recording. Any conditions set forth
by the governing body as a condition of approval of the final plan
shall be addressed prior to the recording of the final plan.
(g)
When a final plan has been approved or approved
subject to conditions acceptable to the applicant, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
(2)
In addition:
(a)
Before acting on any subdivision plan, the governing
body may hold a public hearing thereon after public notice.
(b)
If the governing body approves the final plan,
the Mylar copy shall be signed by the Chairman and the Secretary,
together with the date of action, after addressing any and all conditions
imposed for such approval and all required fees and charges have been
paid in full.
A.
After approval of the final plan by the Township, the subdivider
shall sign and submit the final version of the approved plan to the
Township in the formats and in the numbers directed by the Township
and Montgomery County. Upon endorsement of the final plan by the Township
and the Township Planning Commission, the final plan shall be released
to the subdivider who shall record the plan. No subdivision or development
plan may be recorded unless it bears all required Township signatures,
the Township seal and an indication that the plan has been reviewed
by Montgomery County.
[Amended 5-5-2015 by Ord.
No. 224]
B.
The subdivider shall file the record plan with the
County Recorder of Deeds within 90 days of the final approval by the
governing body or 90 days after the date of delivery of an approved
plan signed by the governing body following completion of conditions
imposed for such approval, whichever is later. The recorder's certificate
that the approved plan has been recorded, with deed book and page
numbers indicated, shall be submitted to the municipality within 10
calendar days. If the subdivider fails to record within such period,
the action of the governing body and Municipal Planning Commission
shall be null and void unless an extension of time is granted in writing
by the governing body after written request to do so by the subdivider.
The subdivider and the municipality shall comply
with the requirements and provisions of Section 510 of the Pennsylvania
Municipal Planning Code for the release of the performance guarantee.[1]
[1]
Editor's Note: See 53 P.S. § 10510.
A.
All streets, parks or other improvements shown on
the subdivision plan, recorded or otherwise, shall be deemed to be
private until such time as the same has been offered for dedication
to the municipality and accepted by resolution of the governing body.
B.
When the municipality accepts dedication of all or
some of the required improvements following completion, the municipality
shall 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 and specifications as depicted
on the final plans for a term not to exceed 18 months from the date
of acceptance of installation of such improvements, and the amount
of the financial security shall not exceed 15% of the actual cost
of the installation of said improvements.
A.
The municipality may accept a simplified subdivision
plan, herein referred to as a "minor subdivision plan," as follows:
(1)
The municipality may accept a minor subdivision plan
when a total of no more than two lots will result and all lots will
have frontage on an existing public or private street. A minor subdivision
may be allowed in a residentially zoned district that involves the
erection of only one single-family detached structure.
(2)
The municipality may accept a simplified subdivision
plan in cases wherein a lot line(s) is to be relocated or land is
to be added to an existing lot from an adjacent tract of land, with
no additional lot(s) being created and no new construction proposed.
In the case of a lot line change, or wherein land is to be added from
an adjacent tract, new deeds with accurate legal descriptions shall
be executed and recorded.
B.
The following shall apply to the submission of a minor
subdivision plan:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 310, Zoning.
(4)
If the governing body approves the sketch plan, the
Mylar copy shall be signed by the Chairman and the Secretary, together
with the date of action, after addressing any and all conditions imposed
for such approval and all required fees and charges have been paid
in full.
