[Ord. 559, 9/4/2012]
1.
There are three stages in the procedure for approval of subdivision
and land development plans. These stages are required to enable the
Lower Southampton Township Planning Commission and the Board of Supervisors
to have an adequate opportunity to review the submission and to ensure
that their formal recommendations are reflected in the final plan.
2.
The separate stages of approval require the submission of sketch,
preliminary, and final plans. These plans differ in their purpose
and required level of detail. The table below indicates the required
plans for the different types of submissions:
|
Type of Subdivision
| |||||
|---|---|---|---|---|---|
|
Plan Approval Stage
|
Lot Line Change
|
Minor Subdivision
|
Major Subdivision
|
Land Development
| |
|
Sketch
|
Suggested
|
Suggested
|
Suggested
|
Suggested
| |
|
Preliminary
|
Not required
|
Not required
|
Required
|
Required
| |
|
Final
|
Required
|
Required
|
Required
|
Required
| |
3.
The review process for all applications required by the Township
Planning Commission and the Board of Supervisors shall be for no more
than 90 days following the date of submission. The date of submission
is the date of the regular meeting of the Township Planning Commission
next following the date the submission is filed, provided that, should
the said next regular meeting occur more than 30 days following the
filing of the submission, the ninety-day period shall be measured
from the 30th day following the day the submission is filed. The said
ninety-day period may be extended upon the applicant's agreement to
waive the ninety-day requirement. The presentation of a revised sketch,
revised preliminary or revised final plan shall also be considered
a separate submission.
4.
The presentation of a preliminary plan and final plan shall each
be considered a separate submission, and the maximum ninety-day review
period may be required for each such plan.
5.
Fees and escrow.
A.
The submission of any subdivision and land development plans are
subject to the Lower Southampton Township Fee Schedule, as modified
from time to time by resolution of the Board of Supervisors of Lower
Southampton Township, to be used for Township costs of review, legal
costs, and engineering costs related to the plans submitted. The amount
of the refundable escrow fee shall be paid at the time of submission
of any plans and may be used for the purposes defined in such resolution
and the fee schedule. The applicant is required to maintain the original
escrow deposit in the amount as indicated in the fee schedule. The
Township shall require the applicant to post additional escrow in
the event payments from such escrow reduce the amount below 20% of
the original escrow deposit. The additional escrow amount shall be
paid within 10 days of the request by the Township. The applicant
shall agree at the time of the submission of the plans to the terms
of this provision, including the understanding that the further review
and approval of plans may be withheld pending the reimbursement of
such escrow deposit to the Township. The applicant shall further agree
that any such delays shall constitute an extension of time for the
rendering of a decision by the Board of Supervisors.
B.
The fee schedule adopted by resolution of the Board of Supervisors
shall apply to the processing of lot line change plans, minor subdivision
plans, major subdivision plans, land development plans, and all other
plans processed by the Township as indicated in the fee schedule.
C.
When a set of plans is presented to the Licenses and Inspections
Department pursuant to the procedures set forth within this chapter,
the applicant shall deposit with the Licenses and Inspections Director
a sum to cover the cost of processing the plan according to a schedule
as from time to time approved by resolution of the Board of Supervisors.
D.
If the escrow deposit is expended, the applicant shall make further
deposits upon notice from the Licenses and Inspections Department
in such a manner that the total deposit with the Township shall at
all times equal the initial amount as determined by the Licenses and
Inspections Department until approval of the plans and final acceptance
of construction by Lower Southampton Township.
E.
Occupancy permits shall be withheld until all fees and costs have
been paid to the Township in connection with the processing of any
plans.
[Ord. 559, 9/4/2012]
1.
The purpose of the sketch plan is to afford the applicant the opportunity
to consult early and informally with both the Lower Southampton Township
and the Bucks County Planning Commissions before preparation of the
preliminary or final plan and formal application for approval.
2.
During the sketch plan procedure, the applicant can advantageously
make use of the services of both of the planning commissions to help
him analyze the problems of the development and plan more adequately
for its sound coordination with the community. The Sketch plan procedure
also affords the planning commissions the opportunity to give informal
guidance to the applicant at a stage when potential points of difference
can be more easily resolved. It can also simplify official actions
and save unnecessary expense and delay.
3.
Sketch plans are suggested for all land developments and all other
subdivision plans.
[Ord. 559, 9/4/2012]
2.
Applicant submits such copies of the sketch plan and applications
as required by the Township and the Zoning Officer.
3.
Zoning Officer checks submission against checklist for completeness,
and:
A.
If submission is incomplete, immediately returns submission to applicant
and indicates the deficiencies; or
B.
If submission is complete, accepts sketch plan and applications.
Zoning Officer shall immediately distribute copies of the sketch plan
and applications to Township staff.
C.
The applicant shall be responsible to submit the sketch plan and
application to the Bucks County Planning Commission at the same time
the sketch plan is submitted to Lower Southampton Township. (Applicant
should contact the Bucks County Planning Commission for its application
and submission requirements.) Applicant shall provide proof of such
submission to the Township.
4.
Bucks County Planning Commission reviews sketch plan and prepares
analysis for review by Lower Southampton Township Planning Commission.
5.
Lower Southampton Township Planning Commission review.
A.
The Lower Southampton Township Planning Commission shall review all
completed applicant submissions and specifically shall:
(1)
Receive and review report by the Bucks County Planning Commission.
(2)
Listen to applicant's presentation.
(3)
Discuss submission with the applicant.
(4)
Evaluate applicant's submission, presentation, discussion with
applicant, and the County Planning Commission's report.
(5)
Determine whether the sketch plan meets the objectives and requirements
of this chapter and other ordinances.
(6)
Prepare a report on the project for transmittal to the applicant.
[Ord. 559, 9/4/2012]
The purpose of the preliminary plan is to require formal conditional
approval of plans in order to minimize changes and revisions before
final plans are submitted.
[Ord. 559, 9/4/2012]
1.
The preliminary plan and all information and procedures relating
thereto shall, in all respects, be in compliance with the provisions
of these regulations. The preliminary plan should include the changes
recommended during the sketch plan procedure.
2.
No preliminary plan shall be required in the case of a minor subdivision
or lot line change. Preliminary plans for major subdivisions and land
developments are required.
[Ord. 559, 9/4/2012]
Deposit and fees shall be in accordance with § 22-301.5. No application shall be complete until all fees have been paid.
[Ord. 559, 9/4/2012]
2.
Applicant submits plans as needed by Township and applications to
the Zoning Officer.
A.
If recreational areas are involved in the plan, one additional copy
shall be submitted for distribution to the Township Park and Recreation
Board.
4.
At the same time that the preliminary plan submission is made to
Lower Southampton Township, the applicant shall also make submission
to the Bucks County Planning Commission. The applicant is advised
to contact the agency for its individual requirements with regard
to plans, application, fees, etc. Lower Southampton Township shall
be copied on all correspondence to outside review agencies.
5.
At the same time that the preliminary plan submission is made to
Lower Southampton Township, the applicant shall also make submission
to the Bucks County Conservation District. The applicant is advised
to contact the agency for its individual requirements with regard
to plans, applications, fees, etc. Lower Southampton Township shall
be copied on all correspondence to outside review agencies.
6.
All subdivisions (both minor and major) and land developments shall
be required to submit the appropriate planning module for land development
to the Township at preliminary plan submission (final for minor subdivisions)
for review. The module will then be reviewed by all agencies with
jurisdiction, including but not limited to PA DEP or the Bucks County
Department of Health, to verify the approvability of each lot for
permitting by the appropriate agency (PA DEP or Bucks County Department
of Health). Review of the applicant's planning module for land development
must be received by the Township prior to plan approval.
7.
Bucks County Planning Commission reviews preliminary plan and prepares
analysis for review by Lower Southampton Township Planning Commission.
8.
At a public meeting within 40 days following submission of the completed
preliminary plans, the Lower Southampton Township Planning Commission
shall:
A.
Listen to applicant's presentation.
B.
Discuss submission with the applicant.
C.
Evaluate applicant's submission, presentation, discussion with applicant,
the County Planning Commission's report, and the Township Engineer's
report.
D.
Determine whether the preliminary plan meets the objectives and requirements
of this chapter and other ordinances.
E.
Make recommendations and submit the recommendations to the Board
of Supervisors.
9.
The Board of Supervisors shall:
A.
Either approve, conditionally approve, or reject the submitted plans.
B.
Inform the applicant in writing, either personally or by mail at
his last known address, no later than 15 days following the decision.
When the application is rejected, the decision shall specify the defect
found on the application, describe the requirements that have not
been met, and in each case cite the specific provisions of the applicable
ordinance or statute which have not been satisfied.
[Ord. 559, 9/4/2012]
The purpose of the final plan is to require formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded as required by § 22-106 of this chapter.
[Ord. 559, 9/4/2012]
The final plan shall be submitted conforming to the changes
recommended during the preliminary plan procedure. The final plan
and all information and procedures relating thereto shall in all respects
be in compliance with the provision of these regulations, except where
variation therefrom may be specifically approved in writing by the
Board of Supervisors.
[Ord. 559, 9/4/2012]
If the final plan is submitted more than one year after receiving approval, conditional approval or disapproval of the preliminary plan, an additional review fee shall be paid in accordance with the fee schedule adopted by the Board of Supervisors as provided in § 22-301.5 of this chapter. An escrow deposit may also be required if the total deposit with the Township is less than that required in accordance with the fee schedule adopted by the Board of Supervisors.
[Ord. 559, 9/4/2012]
2.
Applicant submits, as needed by the Township, the number of copies
of the final plan and application within one year from the date of
receiving conditional approval of the preliminary plan to the Zoning
Officer.
A.
If recreational areas are involved in the plan, one additional copy
shall be submitted for distribution to the Township Park and Recreation
Board.
3.
Zoning Officer checks submission against checklist for completeness,
and:
4.
The Zoning Officer shall immediately distribute copies of the final
plan and application to:
A.
Township Manager.
B.
Township Engineer.
C.
Township Planning Commission.
D.
Township Board of Supervisors.
E.
Township Zoning Officer.
F.
Township Fire Marshal.
G.
Lower Southampton Municipal Authority.
H.
Various Township committees.
I.
Township Licenses and Inspections Department.
J.
Township Solicitor.
5.
At the same time that the final plan submission is made to Lower
Southampton Township, the applicant shall make a final submission
to the Bucks County Planning Commission. The applicant should contact
this agency directly to verify its requirements for final plan submission
regarding plans, applications, fees, etc. Lower Southampton Township
shall be copied on all correspondence to outside review agencies.
6.
Final submission to the Bucks County Conservation District is the
responsibility of the applicant. The applicant is advised to contact
this agency directly to verify its requirements for final plan submission.
Lower Southampton Township shall be copied on all correspondence to
outside review agencies.
7.
Bucks County Planning Commission reviews final plan and prepares
analysis for review by the Lower Southampton Township Planning Commission.
8.
At a public meeting within 90 days following submission of the completed
preliminary plans, the Lower Southampton Township Planning Commission
shall:
A.
Listen to applicant's presentation.
B.
Discuss submission with the applicant.
C.
Evaluate applicant's submission, presentation, discussion with applicant,
the County Planning Commission's report, and the Township Engineer's
report.
D.
Determine whether the preliminary plan meets the objectives and requirements
of this chapter and other ordinances.
E.
Make recommendations and submit the recommendations to the Board
of Supervisors.
9.
Following receipt of the recommendations of the Township Planning
Commission, the Board of Supervisors shall:
10.
The Board of Supervisors shall:
A.
Evaluate the applicant's submission and presentation and discuss
with the applicant all recommendations and reports.
B.
Determine if the final plan meets the objectives and requirements
of this chapter, other ordinances and the conditions attached to the
preliminary plan approval.
C.
Either approve, conditionally approve, or reject the submitted plans.
D.
Inform the applicant in writing of the decision, including required
changes and the reasons for the decision. The applicant shall be informed
of the decision at the time it is made or within 15 days following
the decision. If the application is rejected, the decision shall specify
the defects found in the application, describe the requirements that
have not been met, and in each case cite the specific provisions of
the applicable statutes or ordinances which have not been satisfied.
11.
If approved:
A.
The Board of Supervisors shall adopt a resolution approving the final
plan.
C.
Eight final copies and eight exact copies of the approved final plan
on paper shall be submitted to the Board of Supervisors. Along with
the hard copies, one electronic copy of all plans, in either DWG or
DXF vector format, shall be submitted to the Board of Supervisors
on CD-ROM or other acceptable electronic media.
D.
The applicant shall agree that the approval shall not be final and
that building permits shall not be approved pending completion of
the guarantees and contract documents as further required in this
chapter.
[Ord. 559, 9/4/2012]
In any case where the Lower Southampton Township Planning Commission
disapproves a preliminary plan or the Board of Supervisors disapproves
a final plan, an applicant or any person aggrieved thereby may, within
30 days:
A.
Appeal to the Zoning Hearing Board in cases where such Board has
jurisdiction over a zoning matter involving the same development.
In any such case, the Zoning Hearing Board shall have no power to
pass upon nonzoning issues but shall take evidence and make a record
thereon relative to such nonzoning issues. Such evidence shall be
kept part of the record if there is an appeal to the Court of Common
Pleas of Bucks County.
B.
Appeal to the Court of Common Pleas of Bucks County, which Court
shall hear the matter and enter a decree either affirming, reversing
or modifying the action of the Board of Supervisors, as may appear
just under the circumstances. The Court shall designate the manner
in which notices of the hearing of any such appeal shall be given
to all interested parties.
[Ord. 559, 9/4/2012]
The purpose of a lot line change is to provide an expeditious
means of subdivision approval for the adjustment or relocation of
existing boundary lines between lots or the shifting of boundary lines
to increase the area of an existing lot; provided, however, that the
lot line change results in the same number or fewer lots as existed
prior to the lot line change and no improvements are proposed as a
part of a lot line change.
[Ord. 559, 9/4/2012]
2.
Applicant submits the number of copies, as needed by the Township,
of the lot line change plan and application to the Zoning Officer.
3.
Copies of the lot line change plan and all required supplemental
data initially shall be submitted to the Zoning Officer together with
the required fees and escrow deposit established in accordance with
the current fee schedule adopted by the Board of Supervisors. The
Zoning Officer shall note the date of the receipt of the application,
fees and escrow deposit. The application shall not be deemed to be
submitted until a complete application and required fees have been
submitted.
4.
Upon submission of a complete application together with all required
fees and escrow deposits, the Zoning Officer shall accept the application,
plans and other required materials as filed and shall immediately
distribute copies of the lot line change/final plan and application
to:
5.
At the same time that the lot line change/final plan submission is
made to Lower Southampton Township, the applicant shall make the required
submission to the Bucks County Planning Commission. The applicant
should contact this agency directly to verify its requirements for
submission. Lower Southampton Township shall be copied on all correspondence
to outside review agencies.
6.
If the lot line change/final plan includes grading or other earth
disturbances, the applicant shall, at the same time the submission
is made to Lower Southampton Township, make submission to the Bucks
County Conservation District. the applicant is advised to contact
the agency for its individual requirements with regard to plans, applications,
fees, etc. Lower Southampton Township shall be copied on all correspondence
to outside review agencies.
7.
Following receipt of the complete submission, the Lower Southampton
Township Planning Commission shall review and forward its recommendation
on the proposed lot line change to the Board of Supervisors.
[Ord. 559, 9/4/2012]
The lot line change plan shall show or be accompanied by the
following information:
A.
Drafting standards.
(1)
The plan shall be drawn using a standard engineering scale, at a
scale of one inch equals 20 feet, one inch equals 30 feet, one inch
equals 40 feet, one inch equals 50 feet, or one inch equals 100 feet.
(2)
Dimensions shall be in feet and decimal parts thereof and bearings
in degrees, minutes and seconds.
(3)
The plan shall be on sheets not larger than the standard 24 inches
by 36 inches, and all lettering shall be so drawn as to be legible
if the plan should be reduced to 1/2 size.
B.
Information to be shown, general:
(1)
Name of subdivision.
(2)
Name, address and telephone number of the owner of record and the
applicant.
(3)
Name, address, seal and signature of the engineer or surveyor responsible
for the plan.
(4)
Zoning classification and requirements.
(5)
Date, north point, and scale shown graphically as well as in written
form.
(6)
A location map for the purpose of locating the site at a scale of
not less than 800 feet to the inch.
C.
Existing features.
(1)
Complete outline survey of the property to be subdivided, showing
all courses, distances and area, tie-ins to all adjacent street intersections,
and all existing property boundary monumentation.
(2)
The location, names and widths of streets, the location of property
lines and names of owners, the location of watercourses, sanitary
sewers, storm drains and similar features.
(3)
The location and character of existing buildings, driveways, walks,
wooded areas and other significant features.
(4)
Any floodplain restriction areas that occur on the tract, lot or
parcel shall be shown on the plan.
[Ord. 559, 9/4/2012]
1.
The record plan shall be clear and legible black-line print on Mylar
and shall be an exact copy of the approved final plan on a sheet of
the size required for final plans. Plan sheets for recording purposes
shall be 24 inches by 36 inches. Three paper and two Mylar copies
are required and one electronic copy of all plans, either DWG or DXF
vector format, on CD-ROM or other acceptable electronic media.
2.
The following information shall appear on the record plan, in addition
to the information mentioned above:
A.
The impressed seal of the licensed engineer, surveyor and/or landscape
architect responsible for the plan.
B.
The impressed corporation seal, if the applicant is a corporation.
C.
The impressed seal of a notary public or other qualified officer
acknowledging owner's statement of intent.
D.
A statement to the effect that the applicant is the owner of the
land proposed to be developed and that the subdivision or land development
shown on the final plan is made with his, her or their consent and
that it is desired to be recorded as same.
E.
Acknowledgment of said statement before an officer authorized to
take acknowledgments.
F.
The following signatures shall be placed directly on the plan in
black ink:
(1)
The signature of the owner or owners of the land. If the owner
of the land is a corporation, the signatures of the president and
secretary of the corporation shall appear.
(2)
The signature of the notary public or other qualified officer
acknowledging the owner's statement of intent.
(3)
The signature of the licensed engineer, surveyor and/or landscape
architect responsible for the preparation of the plan.
(4)
The signature of the Chairman of the Township Planning Commission.
(5)
The signature of the Township Engineer.
(6)
The signature of the Township Board of Supervisors.
(7)
The signature of the Bucks County Planning Commission.
[Ord. 559, 9/4/2012]
The action of the Board of Supervisors or of the court on appeal
in approving any subdivision or land development plan approved duplicate
copy of such plan shall, within 90 days of the date of approval, be
recorded by the owner or the Board of Supervisors in the Office of
the Recorder of Deeds of Bucks County. The applicant shall notify
the Board of Supervisors, in writing, of the date of such recording
and the plan book and page wherein such subdivision or land development
plan is recorded. If the plan is not recorded within the ninety-day
period, the approval shall lapse and become void. The Board of Supervisors
may extend the ninety-day period upon written request by the applicant.
The applicant shall return to the Township one paper, one Mylar copy,
and one electronic copy of all plans on CD-ROM media in PC language,
either DWG or DXF vector format, of the recorded plan, along with
the receipt/certification that recording is complete.
[Ord. 559, 9/4/2012]
1.
After a subdivision or land development plan has been duly recorded,
the streets, parks and other public improvements shown thereon shall
be considered to be part of the Official Map of the Township.
2.
Streets, parks and other public improvements shown on a subdivision
or land development plan to be recorded may be offered for dedication
to the Township by formal notation thereof on the plan, or the owner
may note on the plan that such improvements have not been offered
for dedication to the Township.
3.
Every street, park or other improvement shown on a subdivision or
land development plan that is recorded as provided herein shall be
deemed to be a private street, park or improvement until such time
as the same has been offered for dedication to the Township and accepted,
by resolution, and recorded in the office of the Clerk of the Court
of Quarter Sessions of Bucks County, or until it has been condemned
for use as a public street, park or other improvement.
[Ord. 559, 9/4/2012]
1.
The applicant shall notify the Township in writing when all required
improvements desired to be accepted by the Township have been constructed
and installed in accordance with the Township specifications.
2.
The Township shall, within 10 days after receipt of such notice,
notify the Township Engineer of the completion of the required improvements.
3.
The Township Engineer shall, within 30 days after receipt of such
notice from the Township:
4.
The applicant, upon notification from the Township Engineer, shall:
A.
Proceed, at his/her own cost, to make such corrections as shall be
required to comply with the Township specifications and approved final
plans.
B.
Notify the Township Engineer and Board of Supervisors upon completion,
requesting final inspection.
C.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accord with the approved
final plan, the Board of Supervisors of the Township is hereby granted
the power to enforce any corporate bond or other security by appropriate
legal and equitable remedies. If the proceeds of such bond or other
security are insufficient to pay the costs of installing or making
repairs or corrections to all the improvements covered by said security,
the Board of Supervisors of the Township may at its option install
part of such improvements in all or in part of the subdivision or
land development and may institute appropriate legal or equitable
action to recover the monies necessary to complete the remainder of
the improvements. All the proceeds, whether resulting from security
or from any legal or equitable action brought against the developer,
or both, shall be solely for the installation of the improvements
covered by such security and not for any other municipal purpose.
[Ord. 559, 9/4/2012]
1.
The Township Engineer shall make a final inspection with the applicant
of all required improvements.
2.
The applicant shall submit an as-built (as-constructed) plan, in
hard copy and electronic format, as previously described, that includes
but is not limited to:
A.
Sanitary sewer manhole locations, rim elevations, inverts, pipe material,
sizes and slopes, and lateral locations.
B.
Storm sewer structure locations, rim and grate elevations, inverts,
pipe material, sizes and slopes, and direction of flow.
C.
Detention basin grading, design and as-built volumes, outlet structure
locations, grate elevations, orifice/weir sizes and elevations, berm
and spillway widths and elevations, and riprap apron locations.
D.
Water main sizes, locations, valves, fire hydrants, corporate stops.
E.
Cartway widths and road center-line elevations every 50 feet.
F.
Sidewalk locations and widths.
G.
Trail locations and widths.
H.
Streetlight locations.
I.
Additional information as required by the Township, the Township
Engineer, and/or applicable water and sewer authorities.
3.
All as-built plans shall be prepared, signed and sealed by a professional
surveyor registered in the Commonwealth of Pennsylvania.
4.
The required concrete monuments and pins for the rights-of-way, easements,
open space areas, and individual lots shall be installed after all
site construction and lot improvements are completed. Once installed,
a separate as-built plan shall be submitted, documenting all monumentation
for the project, as well as a certification by a licensed professional
surveyor that all monumentation has been installed per plan and Township
requirements.
5.
The applicant shall submit three copies of an as-built lighting plan
to verify existing light intensities and uniformity are in accordance
with the approved final plans.
[Ord. 559, 9/4/2012]
1.
The Board of Supervisors shall notify the applicant of acceptance
of the required improvements if satisfied that the applicant has complied
with all specifications and ordinances of the Township.
2.
The applicant shall:
A.
Furnish the Township with three paper prints and one electronic copy
of all plans, either DWG or DXF vector format, on CD-ROM or other
acceptable electronic media, of the completed required improvements
including drainage, profiles and utilities.
B.
Pay all costs for the preparation and recording of the petition and
resolution of the Board of Supervisors and the deed of dedication
of such improvements for the Clerk of the Court of Common Pleas of
Bucks County and the office of the Recorder Deeds of Bucks County
for its approval of the acceptance of the required improvements.
[Ord. 559, 9/4/2012]
Construction of improvements pursuant to this chapter and the
applicability of any amendments to this chapter shall be subject to
the provisions of § 508 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10508.
