The purpose of Article IV is to set forth the procedures for submission and processing of applications for preliminary and final subdivision and land development and land development approval, for modifications from requirements, for recording of final subdivision and land development plans, for inspection of construction of required improvements with respect to subdivisions and land developments, for release of performance security, for acceptance of public improvements, and for completing required improvements where the developer is in default.
Where possible without creating an undue administrative burden on the Township's staff or decision-making bodies, simultaneous processing of applications for different approvals which may be required for the same development project shall be permitted in order to make the review process as short as possible for a development project. However, the differing timing procedures and sequencing requirements for certain types of applications may prevent simultaneous reviews.
A.
Purpose. The purpose of preapplication conferences with the Township administrative staff is to provide the developer with guidance before entering into binding commitments or incurring substantial expense in application preparation. At the preapplication conference, waivers to application content requirements may be granted as provided in this section.
B.
Administrative staff conference. Before submission of an application for preliminary or final subdivision and land development approval, it is recommended that the applicant meet with the Zoning Officer, the Township Engineer, the Township Solicitor, and other Township administrative officials to determine the classification, feasibility, suitability, timing, and Township requirements for the proposed development. The Director may grant requests for waivers to application content requirements only for applications classified to minor subdivisions, minor land developments and plan adjustments.
C.
Planning Commission conference. If the proposed development is classified as one which must be reviewed by the Planning Commission, then a preapplication conference with the Planning Commission is also recommended. The applicant must hold an administrative staff preapplication conference before having a Planning Commission conference. After the administrative staff preapplication conference and before submitting any application for preliminary or final approval, the applicant may request a preapplication conference by submitting a written request not later than five working days before the next scheduled meeting of the Planning Commission.
D.
Waivers to application content requirements. At or following the preapplication conference, the Zoning Officer or the Township Solicitor may grant waivers to application content requirements only in order to tailor the requirements to the information necessary to review a particular application. If a preapplication conference is not held, the applicant must follow the provisions of Article IV, § 350-20, to request a modification to application content requirements. Waivers to application content requirements shall be granted in writing and shall expire automatically if an application is not filed within 180 days of the date when the waiver was issued.
E.
Consultation with Municipal Authority. Prior to the preparation of any plans, it is suggested that prospective developers consult with the local municipal water and sewage authorities concerning water service and sewage disposal facilities.
F.
Consultation with County Conversation District. Prospective developers should consult the County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development. At the same time a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or land development.
The official filing date for a minor subdivision, minor land development, or plan adjustment application shall be the date that a complete submittal including payment of the applicable filing fee is filed. The official filing date for all other subdivisions and land developments shall be the date of the regular Planning Commission meeting next following the date the complete submittal including payment of the applicable filing fee is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the official filing date shall be the 30th day following the day the complete application is filed.
B.
Planning agency authority. The Planning Commission shall review and act on all applications for approval of preliminary subdivision and land development plans with the exception of those classified as minor subdivisions and minor developments, which shall be reviewed by the Zoning Officer and acted on by the Supervisors. Plan adjustments are exempt from any preliminary review.
C.
Application submission. All applications for preliminary approval of a subdivision or land development shall be submitted to the Township on any business day during regular hours.
D.
Determination of acceptance/rejection as incomplete. Within seven working days after a preliminary plan application is submitted, the Zoning Officer shall certify the application as substantially complete and accepted, thereby establishing the official filing date, or incomplete and rejected. Within said time, the Zoning Officer shall notify the applicant in writing that the application is essentially complete and accepted including the official filing date and date of review by the Planning Commission, if applicable, or that the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The developer may reapply, submitting the fee and missing material at any time.
E.
Deemed acceptance. Failure of the Zoning Officer to make a determination of acceptance/rejection shall result in deemed acceptance of the application for processing. However, deemed acceptance for processing shall not constitute a waiver of any deficiencies in the application or approval of the application.
F.
Distribution. The Zoning Officer shall distribute one copy of the preliminary plan application with the official filing date to each of the following: official Township file; Township Engineer; Township Solicitor; and to each of the following, as appropriate, members of the Planning Commission and the Planning Commission Solicitor. When an application may have special significant impacts, applications may be distributed to any other appropriate agency or individual, e.g., Federal Emergency Management Agency, Washington County Conservation District.
G.
County Planning Commission review. Applications for subdivision and land development shall not be approved by the Planning Commission or Supervisors until the County Planning Commission report is received or until the expiration of 30 days from the date the application was forwarded to the County Planning Commission.
H.
Plan review by planning agency. The Planning Commission shall review all applications for approval of preliminary subdivision and land development plans, with the exception of those classified as minor subdivisions, minor land developments, or plan adjustments, which shall be reviewed by the Zoning Officer. The Planning Commission shall review the application at a public meeting. In its review, the Planning Commission shall consider the report of the Township and all review agencies. The Zoning Officer may make a recommendation to the Planning Commission or Supervisors, as applicable, for approval, approval subject to conditions, or disapproval of the application setting forth the reasons for the recommendations.
I.
Decision.
(1)
Authority. The Planning Commission shall make a recommendation to the Board of Supervisors on all applications for preliminary approval of a subdivision or land development except those classified as minor subdivisions, minor land developments, or plan adjustments, which shall be acted on by the Board of Supervisors.
(2)
Decision deadline. Not later than 90 days after the official filing date, the Board of Supervisors shall render a decision on the application for approval of a preliminary subdivision or land development plan. All decisions shall be made at a public meeting.
(3)
Extension of deadline. The applicant may agree in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision.
(4)
Deemed approval. Failure to render a decision and communicate it within the prescribed period and in the required manner, or within any extension of time or in accordance with any change in required manner of communication, shall be deemed an approval of the application as presented.
(5)
Actions. The Board of Supervisors shall take one of the following actions:
J.
General standards for review of preliminary plans. The Board of Supervisors shall approve the preliminary plan if the preliminary plan complies with the standards and regulations set forth in this chapter.
K.
Notification of decision. The Zoning Officer shall deliver written notice of the decision to the applicant personally or by certified mail, return receipt requested, with verified mailing receipt, within 15 days of the decision. If the decision is approval with conditions or disapproval, the written notification shall specify all defects in the application and shall cite with section numbers the provisions of this chapter that have not been satisfied. If the approval is subject to conditions, the notice of the decision shall include an acceptance block for the applicant to sign, date, and return signifying acceptance of the conditions of approval.
L.
Conditional approval acceptance/rejection. The Board of Supervisors may approve an application for preliminary approval subject to conditions accepted by the applicant. Failure of the applicant to deliver to the Township written acceptance of the conditions of approval within 15 days of receipt of the notification of decision shall result in automatic rescission of such approval and automatic conversion of the decision to denial as of the date of the original approval subject to conditions.
A.
Required. An application for final approval of a subdivision and land development is required for all subdivisions and land developments.
B.
Application submission and types.
(1)
Filing date. Applications for final approval of a subdivision and land development shall be submitted to the Township on any business day during regular business hours.
(2)
Approval for construction of required improvements with extension of time for delayed approval for recording following satisfactory completion of required improvements.
C.
Determination of acceptance/rejection as incomplete. Within five working days after a final plan application is submitted, the Zoning Officer shall certify the application as substantially complete and accepted, thereby establishing the official filing date, or incomplete and accepted, thereby establishing the official filing date, or incomplete and rejected. Within said time, the Zoning Officer shall notify the applicant in writing that the application is essentially complete and accepted including the official filing date and date of review by the Planning Commission or that the application is incomplete and rejected, stating the deficiencies in the application and returning the filing fee. The developer may reapply, submitting the fee and missing material at any time.
D.
Deemed acceptance. Failure of the Zoning Officer to make a determination of acceptance/rejection shall result in deemed acceptance of the application for processing. However, deemed acceptance for processing shall not constitute a waiver of any deficiencies in the application or approval of the application.
E.
Distribution. The Zoning Officer shall distribute one copy of the Final Plan Application with any required fee and with the official filing date to each of the following: official Township file; Township Engineer; Township Solicitor; and to each of the following, as appropriate, members of the Planning Commission and the Planning Commission Solicitor. When an application may have special significant impacts, applications may be distributed to any other appropriate agency or individual, e.g., Federal Emergency Management Agency, Washington County Conservation District.
F.
County Planning Commission review. Applications for subdivision and land development shall not be approved by the Supervisors until the County Planning Commission report is received or until the expiration of 30 days from the date the application was forwarded to the County Planning Commission.
G.
Plan review by planning agency. The Planning Commission shall review all applications for approval of final subdivision and land development plans with the exception of those classified as minor subdivisions, minor land developments, or plan adjustments, which shall be reviewed by the Zoning Officer. The Planning Commission shall review the application at a public meeting. In its review, the Planning Commission shall consider the reports of the Township Engineer and all review agencies. The Planning Commission shall make a written recommendation to the Supervisors for approval, approval subject to conditions, or disapproval of the application. The Planning Commission shall set forth the reasons for its recommendations.
H.
Decision.
(1)
Authority. The Board of Supervisors shall act on all applications for final approval of a subdivision and land development. The Board of Supervisors shall render a decision at a public meeting.
(2)
Revised plans. After the review of the application for final approval by the planning agency, 11 copies of the application, which may be revised as recommended by the Planning Commission, shall be submitted to the Zoning Officer and shall be forwarded to the Board of Supervisors. The Board of Supervisors shall consider the final plan at its next regular meeting, provided the copies of the plan are submitted to the Zoning Officer no later than seven days before the meeting date. If the revised plan has substantial revisions from the revisions recommended by the Planning Commission, the Board of Supervisors may refer the revised plan to the appropriate Planning Commission for review and recommendation.
(3)
Decision deadline. Not later than 90 days after the official filing date, the Board of Supervisors shall render a decision on the application for approval of a final subdivision or land development plan for recording or for construction with delayed approval for recording.
(4)
Extension of deadline. The applicant may agree in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision.
(5)
Deemed approval. Failure to render a decision and communicate it within the prescribed period and in the required manner, or within any extension of time or in accordance with any change in required manner of communication, shall be deemed an approval of the application as presented.
(6)
Actions on applications for approval for recording. The Board of Supervisors shall take one of the following actions:
(7)
Actions on applications for approval for construction of required improvements with delayed recording pending satisfactory completion of required improvements.
(a)
The Board of Supervisors shall take one of the following actions:
[1]
Approve the application for construction with approval for recording delayed for one year, or any extension granted by the Board of Supervisors pending the satisfactory completion of required improvements and compliance with requirements for approval of improvements; or
[2]
Approve the application for construction as in Subsection H(7)(a)[1] with conditions subject to the applicant's consent; or
[3]
Disapprove the application on the basis that it does not comply with specific standards and regulations set forth in this chapter.
(b)
Following completion of all procedures for approval of required improvements in accordance with Article IV, § 350-22, the applicant shall submit a written request to the Department for final approval for recording. The request shall be considered by the Board of Supervisors at the next regular meeting of the Board of Supervisors, providing the request is received by the Zoning Officer no later than seven days before the meeting date. The Board of Supervisors shall take one of the following actions:
I.
General standards for review of final plans. The Board of Supervisors shall approve the Final Plan if the Final Plan complies with the standards and regulations set forth in this chapter and the Preliminary Plan approval. Approval for recording shall be granted only when the public and private improvements have been satisfactorily completed or when a performance security shall be provided before release of the plan for recording.
J.
Notification of decision. The Zoning Officer or shall deliver written notice of the decision to the applicant personally or by certified mail, return receipt requested, with verified mailing receipt, within 15 days of the decision. If the decision is approval with conditions or disapproval, the written notification shall specify all defects in the application and shall cite with section numbers the provisions of this chapter that have not been satisfied. If the approval is subject to conditions, the notice of the decision shall include an acceptance block for the applicant to sign, date, and return signifying acceptance of the conditions of approval.
K.
Conditional approval acceptance/rejection. The Board of Supervisors may approve an application for final approval subject to conditions accepted by the applicant. Failure of the applicant to deliver to the Township written acceptance of the conditions of approval within 15 days of receipt of the notification of decision shall result in automatic rescission of such approval and automatic conversion of the decision to denial as of the date of the original approval subject to conditions.
L.
Compliance with conditions of approval/municipal signatures. The applicant shall comply with all conditions of approval, including construction of required improvements or providing a performance security to guarantee satisfactory construction of required improvements, before the proper Township officials execute the certifications on the final plan. When the conditions of the final approval have been met, the proper officers of the Township shall sign the final plan for recording and shall affix the Township seal.
M.
Effect of approval. Final approval of a subdivision and land development plan shall be effective for 90 days from the date of the Board of Supervisors' approval unless the Board of Supervisors officially renews or extends the approval date. During this period, the applicant shall meet all conditions of approval, if any, including construction of required improvements or providing a performance security, and recording the plan as specified in this chapter. After the plan is recorded, the plan shall be entitled to the protections afforded by Section 508(4) of the MPC and Article II, § 350-6, of this chapter.
A.
Minor subdivisions and land developments. Minor subdivisions and minor land developments shall be subject to review by the Zoning Officer, the Township Solicitor and the Township Engineer but shall be exempt from any review by the Planning Commission. Some application requirements may be waived by the Zoning Officer upon recommendation by the Township Engineer in accordance with Article IV, § 350-14D. Minor subdivisions and minor land developments shall be acted on by the Board of Supervisors. Applications for preliminary and final approval may be combined.
B.
Plan adjustments. Plan adjustments shall be reviewed by the Zoning Officer, Township Solicitor and the Township Engineer and shall be exempt from Planning Commission review. They shall be exempt from preliminary plan approval and shall have minimal application content requirements. Plan adjustments shall be acted on by the Board of Supervisors.
B.
Schedules for final plan submissions and modifications thereto. Where the applicant anticipates that he will not submit final plan applications for one or more phases of the overall development as depicted on the preliminary plan within five years of the date of preliminary plan approval, he shall file with his preliminary plan a schedule delineating all proposed phases as well as intended dates for filing final plan applications for each phase. The applicant shall update such schedules annually on or before the anniversary of the preliminary plan approval until such time as the Supervisors have granted final plan approval for the final phase of the overall development as depicted on the preliminary plan. Any modification in the aforesaid schedule shall be subject to the approval of the Board of Supervisors in its sole discretion.
C.
Modification of phasing. Any phase that does not comply with the preliminary plan approved by the Board of Supervisors will require complete resubmission of the preliminary plan application.
A.
Authority to grant modifications. The Board of Supervisors may grant modifications to the requirements set forth in Article VI after review by the Planning Commission and the Township Engineer if the following criteria are met:
(1)
The literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question; and
(2)
Such modification will not be contrary to the public interest; and
(3)
The purpose and intent of the ordinance is observed;
(4)
The modification is the minimum modification necessary to afford relief from hardship; or
(5)
An alternative standard can be demonstrated to provide equal or better results.
B.
Authority to impose conditions. When granting modifications, the Supervisors may impose conditions to ensure that the public interest is preserved and the intent of the ordinance is observed.
C.
Written requests for modifications. All requests for modifications shall be in writing and shall be submitted with and be a part of an application for Preliminary Plan approval or Final Plan approval where no Preliminary Plan approval is not required.
D.
Record of action. The Board of Supervisors shall enter into the minutes of the meeting all actions on all requests for modifications setting forth the reasons which justified the modifications granted.
A.
Time for recording. Within 90 days after the date of the final approval for recording, the developer shall record the final plan in the office of the Recorder of Deeds of the county. Upon written request by the developer, the approving body may grant an extension of the approval date, which extension shall be reflected on the final plan.
B.
Effect of final plan recording on Official Map. After a final plan has been approved and recorded as provided in this chapter, all public streets and public grounds on such plan shall be, and become a part of the Official Map of the Township, if any, without public hearing.
C.
Effect on acceptance of public improvements. Until final acceptance by ordinance, no property or other public improvements shown on the recorded final plan shall be deemed a part of the public improvements of the Township, but the same shall be deemed to be private until and unless the same have been completed in accordance with this chapter and accepted in accordance with law.
A.
Inspections. The Township shall make the inspections hereinafter required and shall promptly either approve that portion of the work which has been completed or notify developer wherein the same fails to comply with the provisions of this chapter. Site development plans, approved by the Township shall be maintained at the site during the progress of the site development until work has been approved. The developer shall notify the Township in order to obtain inspection in accordance with the following schedule, and such notification shall be made by the developer at least 48 hours before the inspection is to be made:
(1)
Initial inspection. When work is about to be commenced.
(2)
Rough grading. When all rough grading has been completed.
(3)
Drainage facilities. When drainage facilities are being installed and before such facilities are backfilled.
(4)
Sanitary facilities. When sanitary facilities are being installed and before and during backfilling such facilities in critical areas.
(5)
Special structures. When excavations are completed for retaining and crib walls and when reinforcing steel is in place and before concrete is poured.
(6)
Roadways. When roadways and parking areas are rough graded and when embankments are being constructed, and before final paving.
(7)
Embankments. When large embankments of fill are being constructed.
(8)
Additional inspections. When in the opinion of the Township, other inspections are necessary.
(9)
Final inspection. When all work, including the installation of all drainage, landscaping, and other structures has been completed.
B.
Completion of required improvements; time requirement. Within two years of the final plat approval, the developer shall satisfactorily install and request approval of all required improvements in accordance with the approved final plan. Upon receipt of a written request for an extension of time to complete required improvements including the reason for the request, the Supervisors may grant an extension of time for the completion of required improvements.
C.
Notification of completion by developer. When the developer has completed all of the required improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer(s). The developer shall also submit to the Zoning Officer one Mylar and four prints of the plans and profiles of the improvements certified to be as-built by the designing engineer. Datum shall tie into the State Plane Coordinate System if possible.
D.
Inspection and report by the Township Engineer(s). The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer(s) to inspect all of the required improvements. The Township Engineer(s) shall file a written report with the Board of Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer(s) of the aforesaid authorization from the Board of Supervisors. Said report shall be detailed and shall indicate approval or rejection of the required improvements, either in whole or in part. If the Township Engineer(s) reject any of the required improvements, said report shall contain a statement of reasons for such nonapproval or rejection.
E.
Township's notification to developer. The Board of Supervisors shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, the action of the Township with relation thereto.
F.
Completion of rejected required improvements. If any portion of the required improvements shall not be approved or shall be rejected by the Township, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
G.
No limitation of developer's rights. Nothing herein, however, shall be construed to be in a limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Township or the Township Engineer(s).
I.
Partial release of performance security. As the work of installing the required improvements proceeds, the developer may request the Township to release or authorize the release of such portions of the performance security fairly representing the amount of work completed. The same procedure shall be followed for partial release of performance security as for a final release of performance security except that correspondence may be by regular mail and the action on the request shall be acted on within 45 days of receipt of the request. The Township may, prior to final release at the time of completion and certification by the Township Engineer(s), require retention of 10% of the estimated cost of the required improvements.
A.
Request for acceptance. Within 30 days of receipt of the Township's notification of approval of the required improvements and not less than 10 days before the next regular meeting of the Board of Supervisors, at which action is requested, the developer shall request the Board of Supervisors in writing to accept the dedication of public improvements and post a maintenance security.
B.
Maintenance security. The maintenance security shall be in a form acceptable to the Board of Supervisors and for a term of 18 months from the date of acceptance of dedication. The amount of maintenance security shall be 15% of the actual cost of the installation of such public improvements.
C.
Acceptance by the supervisors. If the request for acceptance of public improvements and maintenance security as specified in this section are received by the Board of Supervisors more than 10 days before the next regular meeting of the Board of Supervisors, the Board of Supervisors shall at their next regular meeting enact an ordinance accepting the public improvements as part of the Township's public facilities.
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approval final plan, the Township may enforce any corporate bond, or other security by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by such security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other municipal purposes.