All plans for subdivision and/or land development within the
corporate limits of Pocono Township shall be submitted and reviewed
as provided in this chapter, and shall be approved or disapproved
by the Township in accord with the procedures specified in this article.
A. Required plans. Preliminary and final plans and required fees and supporting data for all proposed major subdivisions and land developments shall be submitted by the applicant. A preliminary plan shall not be required for minor subdivisions. A sketch plan, as detailed in §
390-15, shall not be considered a required plan, but is strongly encouraged.
B. Requirement for plan submission.
(1) All required plans, applications, fees and supporting data shall
be presented by certified mail or delivered in person to the Township
Manager or his/her designee not less than 10 days prior to the Planning
Commission meeting at which the same is to be considered for acceptance
for review by the Planning Commission. Any filing received less than
10 days prior to a regularly scheduled meeting of the Planning Commission
will not be placed on the agenda for consideration until the next
regularly scheduled meeting of the Planning Commission; unless the
Planning Commission, in its sole discretion, otherwise agrees due
to exceptional or unusual circumstances.
(2) The Township Manager or his/her designee shall review the filing
to make a preliminary determination whether the required documents
have been filed in proper number and form. If complete, the Township
Manager or his/her designee will issue a verification indicating the
date the filing was received by the Township Manager or his/her designee.
If not complete, all documents and the fee shall be returned to the
applicant.
D. Attendance. The applicant or a duly authorized representative shall
attend each Planning Commission and Board of Commissioners meeting
at which the application is on the agenda.
E. Public hearing. Before acting on any plan, the Planning Commission
and/or Board of Commissioners may, at their option, hold a public
hearing thereon after public notice.
F. Action. All minor, preliminary and final plans and all land development
plans (but excluding lot line adjustment plans) shall be reviewed
by the Planning Commission for compliance with this chapter. Plans
and supportive data which are complete shall be recommended to the
Board of Commissioners for approval, approval with conditions, or
denial.
G. Recording final plans.
(1) Upon the approval of a final plan, the applicant shall within 90
days of such final approval, or 90 days after the date of delivery
of an approved record plan signed by the Board of Commissioners following
completion of conditions imposed for such approval, whichever is later,
record such record plan in the office of Monroe County Recorder of
Deeds, and provide to the Township proof of recording within 105 days
of said approval/delivery.
(2) If the applicant fails to record the record plan in the Recorder's
office within the required ninety-day period and provide the proof
of recording within the one-hundred-five-day period, the action of
the Township shall be deemed null and void and a resubmission of the
plan shall be made to the Township.
(3) In the case of lot joinder plans, the applicant shall provide proof
of recording the required deeds within 90 days of recording the plan
for the lot joinder. If the applicant fails to provide the proof of
deed recording within the required ninety-day period, the action of
the Township shall be deemed null and void and a resubmission of the
plan shall be made to the Township.
(4) The Monroe County Recorder of Deeds shall not accept any plan for
recording unless such plan officially notes the approval of the Board
of Commissioners, and review by the Monroe County Planning Commission.
(5) The recording of the plan shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plan.
(Note: See §
390-21 for minor plans for lot line adjustments and plan revisions.)
A. Preliminary plans for minor subdivisions shall not be required. However, a final plan for all minor subdivisions shall be submitted to the Township and be processed in accord with this §
390-18.
B. Official submission of minor subdivision plans.
(1) Plan to be filed with the Township. Copies of the minor subdivision
plan and all required supporting documentation shall be submitted
to the Township Manager or his/her designee by the applicant or his
authorized representative at least 10 calendar days prior to the Planning
Commission meeting at which the applicant applies for the official
date of minor subdivision plan submission.
(2) Number of copies to be submitted. The official submission of the
minor subdivision plan shall include the following:
(a)
Seventeen completed copies of the minor subdivision plan review
application.
(b)
Nineteen (Five full size and 14 eleven-inch-by-seventeen-inch
size] paper prints and one electronic copy with the plan in PDF format,
and three Mylar (or equal) prints of the minor subdivision plan when
complete for signature.
(c)
Four copies of the sewage facilities planning modules and associated
documentation.
(d)
Nineteen copies of the wetland study or abbreviated study if
warranted.
(e)
Nineteen copies of modification request application for all
requested modifications.
(f)
Nineteen copies of the tract history for verification of minor
plan consideration.
(g)
Four copies of a Pennsylvania Department of Transportation Highway
Occupancy Permit (HOP) or acknowledgement of project, if applicable.
(h)
One professional services agreement.
(i)
Four copies of all other required supporting data and documentation as required in Article
IV of this chapter.
(3) Minor subdivision plan filing fee. The Township Manager or his/her
designee shall collect a minor subdivision plan filing fee as established
by resolution of the Board of Commissioners.
(a)
Fees shall be charged in order to cover the costs of examining
plans (including, but not limited to, reasonable and necessary charges
by the Township's professional consultants for review and report
thereon to the Township) and other administrative expenses associated
with the review of applications for minor subdivision plan.
(b)
The applicant shall pay an initial escrow fee at the time of
initial submission of the application to the Township Manager or his/her
designee, and shall pay any fees in excess of the initial escrow within
30 days of the date of transmittal of a bill to the applicant for
the same by the Township. Unless the bill is disputed in accordance
with requirements of the Pennsylvania Municipalities Planning Code, FAILURE TO PAY ANY SUCH FEES WITHIN THE TIME REQUIRED
SHALL BE SUFFICIENT BASIS FOR THE TOWNSHIP TO DENY THE APPLICATION
FOR MINOR SUBDIVISION.
(4) Minor subdivision plan submission verification and distribution.
Upon receipt of the minor subdivision plan and supporting data the
Township Manager or his/her designee shall verify the submission for
the required number of copies of all documents.
(a)
If the submission is verified, the Township Manager or his/her
designee shall accept the plans and documentation, complete the submission
verification on the status log and checklist, and provide a copy of
the plan submission verification to the applicant.
(b)
If the submission is not verified, the Township Manager or his/her
designee shall complete the plan submission verification, within five
days of receipt of the submission, noting any and all deficiencies
or omissions in the submission, provide a copy of the plan submission
verification to the applicant, and return all documents and the fee
to the applicant.
(c)
The plan submission verification shall only verify that the
correct number of copies of all plans and documentation have been
submitted and shall in no way be construed to be a plan submission
receipt.
(5) Official date of the minor subdivision submission. The official date
of the minor subdivision plan submission shall be 30 days from the
submission or the next Planning Commission meeting, whichever occurs
first.
(a)
If the submission is not complete or not in the proper form,
the applicant shall be notified in writing of the deficiencies and
the submission shall be rejected until said deficiencies are corrected
then examined again at the next regularly scheduled or special meeting
after the resubmission.
(b)
If the submission is complete and acceptable, the Chairman of the Planning Commission shall complete a submission receipt with the date of the meeting as the official date of the minor subdivision plan submission and forward a copy of said submission receipt to the applicant. The ninety-day review period shall be measured from the date of the submission receipt unless extended by mutual agreement or as provided in §
390-18B(5)(c).
(c)
If the first meeting of the Planning Commission following the date of submission verification occurs more than 30 days following the date of submission verification established in accord with §
390-18B(4) of this chapter, the ninety-day review period shall be measured from the 30th day following the day of said submission verification.
(d)
If the application is being submitted after a final order of
the court remanding the application to the Township, the ninety-day
review period shall be measured from the date of the meeting of the
Planning Commission next following the final order of the court. If
the first meeting of the Planning Commission occurs more than 30 days
following the final order of the court, the ninety-day review period
shall be measured from the 30th day following the final order of the
court.
(6) Distribution of the minor subdivision plan.
(a)
Following the official date of the minor subdivision plan, the
Township Manager or his/her designee shall forward the plan and all
required supporting documentation to the Township Engineer and the
Planning Commission unless satisfactory evidence is provided that
the applicant has done so.
(b)
The Township Manager or his/her designee shall then distribute
the plans and documentation in accord with Township policy to:
[1]
The Planning Commission Solicitor;
[2]
The Township Zoning Officer;
[3]
The Township Sewage Enforcement Officer;
[4]
Any other engineer or consultant designated by the Township;
[5]
The Pocono Township Fire Company; and
[6]
The Public Works Department.
(c)
The applicant shall be responsible for submission of the plan
and all required supporting documentation to the Monroe County Planning
Commission, the Monroe County Conservation District, PennDOT, and
all other governing agencies.
(d)
The applicant is solely responsible for contacting utility companies,
as appropriate, including the appropriate water authority if applicable.
C. Minor subdivision plan review and action.
(1) Planning Commission review and action period. The Planning Commission shall review the properly submitted minor subdivision plan to determine compliance with this chapter and take action to recommend to the Board of Commissioners, denial, approval, or approval with conditions and modifications, of such plan as provided in this §
390-18C.
(a)
If approval is recommended, the signed and dated plans, along
with the sewage planning documentation, shall be forwarded to the
Board of Commissioners and the applicant.
(b)
If approval with conditions is recommended, the plans shall
not be signed, but such approval recommendation shall be communicated
to the Board of Commissioners and the applicant in writing along with
a statement of the conditions.
(c)
If denial is recommended, the specific reasons for such denial,
citing specific provisions of this chapter or other applicable statute,
shall be communicated to the Board of Commissioners and the applicant
in writing.
(2) Board of Commissioners review and action period. After the receipt
of the Planning Commission's recommendation, the Board of Commissioners
shall make its decision regarding the minor subdivision plan and communicate
in writing such decision to the applicant in accord with the Pennsylvania
Municipalities Planning Code.
(3) Board of Commissioners approval with conditions.
(a)
When a minor subdivision plan is approved with conditions, such conditions shall be communicated in writing to the applicant as provided in §
390-18C(2).
(b)
The written notice to the applicant shall include the specific
terms of the approval and shall note that failure to agree and accept
the conditions will result in an automatic denial.
(c)
When a minor subdivision plan has been approved subject to any conditions and/or modifications and the applicant does not agree to and accept in writing said conditions and/or modifications within 15 days of transmittal of said written notice to the applicant, said conditional approval of the minor subdivision plan shall become an automatic denial and said plan must then be resubmitted as required by §
390-18 of this chapter, including a new filing fee.
(4) Board of Commissioners denials. When a minor subdivision plan is denied, the reasons for such denial, citing specific provisions of this chapter or other applicable statute relied upon, shall be expressly included in the decision and minutes of the Board of Commissioners meeting at which the minor subdivision plan is considered and communicated in writing to the applicant as provided in §
390-18C(2).
D. Reviewing agency and official's comments. The Township shall consider the comments and the recommendations pursuant to §
390-18B(6) and may request such additional information as deemed necessary.
E. Monroe County Planning Commission comments. No official action shall
be taken by the Board of Commissioners until either the Township has
received the comments of the Monroe County Planning Commission or
a period of 30 days has expired following transmittal of the preliminary
plan to the County Planning Commission.
F. Sewage facilities planning modules. The Township shall concurrently
make its decision on the sewage facilities planning module, and, if
approval is granted, the completed sewage planning documents shall
be forwarded to the Pennsylvania Department of Environmental Protection.
Minor subdivision plan approval shall be conditional upon Department
of Environmental Protection sewage planning approval.
G. Public hearing. The Planning Commission and/or Board of Commissioners
may, at their option, conduct a public hearing on the proposed minor
subdivision plan pursuant to public notice.
H. Highway occupancy permit. If a highway occupancy permit shall be
required for access to a Township or state road, approval of the land
development plan shall be conditional upon the issuance of a highway
occupancy permit by the Township and/or PennDOT, as the case may be.
I. Signature of minor subdivision plan. When all requirements and conditions
have been fulfilled by the applicant and all supplemental data and
documents have been submitted and approved, the Board of Commissioners
shall endorse the minor subdivision plan for recording purposes. The
Board of Commissioners shall retain at least one Mylar and one endorsed
print.
J. Recording of the minor subdivision plan.
(1) Upon the approval of a minor subdivision plan, the applicant shall
within 90 days of such final approval or 90 days after the date of
delivery of a record plan signed by the Board of Commissioners, following
completion of conditions imposed for such approval, whichever is later,
record such record plan in the office of Monroe County Recorder of
Deeds, and provide to the Township proof of recording within 105 days
of said approval/delivery.
(2) If the applicant fails to record the record plan in the Recorder's
office within the required ninety-day period and provide the proof
of recording within the one-hundred-five-day period, the action of
the Township shall be deemed null and void, and a resubmission of
the plan must then be made to the Township, including a new filing
fee.
(3) In the case of lot joinder plans, the applicant shall provide proof
of recording the required deeds within 90 days of recording the plan
for the lot joinder. If the applicant fails to provide the proof of
deed recording within the required ninety-day period, the action of
the Township shall be deemed null and void and a resubmission of the
plan shall be made to the Township, including a new filing fee.
(4) The Monroe County Recorder of Deeds shall not accept any plan for
recording unless such plan officially notes the approval of the Board
of Commissioners.
K. Time extension. The time period for review of the plan may be extended
by mutual agreement of the applicant and the Township, and any such
agreement shall be in writing.
The intent of this §
390-20 is to simplify the review and approval procedure for minor residential land developments. Preliminary plans for minor residential land development shall not be required; however, a final plan shall be submitted to the Township and be processed in accord with this §
390-20.
A. Minor residential land development criteria. A land development, as defined by Article
II of this chapter, may be considered a minor residential land development for the purposes of this chapter, provided said development does not involve more than three dwelling units or is not by definition considered a major subdivision. Multifamily dwellings, mobile home parks, and campgrounds and recreational vehicle parks shall not qualify as minor residential land developments.
B. Procedure and other requirements. Minor residential land development plans shall be processed in accord with the requirements for minor subdivisions in §
390-18 of this chapter. All information and design requirements of this chapter applicable to land developments shall also apply to minor residential land developments except as provided in this §
390-20. The Board of Commissioners may, based upon the character of the project and site conditions, waive the applicability of any or all of the land development requirements including the requirement for a survey of the project parcel.
C. Minor land development determination.
(1) Application to be filed with the Planning Commission. The application for minor residential land development determination shall be submitted to the Planning Commission and shall contain such information as may be necessary for the Township to determine the minor land development status of the proposed project in accord with this §
390-20. The Township shall have the right to require any additional information deemed necessary.
(2) Status of application for minor residential land development determination.
The application for minor residential land development determination
shall not constitute a formal land development submission and shall
not initiate the ninety-day review period normally required for land
developments.
(3) Determination of minor residential land development. The Planning Commission shall determine the minor residential land development status of the application in accord with the criteria in this §
390-20 and report their determination regarding the same to the applicant.
(a)
In cases where the Planning Commission determines that the proposed development does meet the requirements for a minor residential land development, the information required for the application shall be submitted in accord with §
390-20D.
(b)
If the Planning Commission determines that the subject development does not meet the criteria for a minor residential land development, said development shall be considered a regular land development governed by §
390-19 of this chapter and the information required for the application shall be submitted in accord with all the applicable sections of this chapter and all other applicable requirements.
D. Minor residential land development application information. Minor residential land development plans and applications shall contain all information required by the Township to determine compliance with this chapter and any other requirements. The plan requirements for minor subdivisions in §
390-27 of this chapter shall serve as the guide for the types of information that may be required. A survey of the parcel of property containing the proposed minor residential land development shall generally not be required; however, the Township shall have the right to require a survey by a registered surveyor in cases where circumstances dictate the need for same to assure compliance with applicable requirements. The Planning Commission shall also have the right to apply any of the standards and requirements contained in this chapter.
In cases where a parcel is being subdivided in order to convey
one or more lots, the survey of the entire parent parcel may be waived
by the Board, provided the remaining parcel is greater than 30 acres
in size and the applicant can demonstrate to the satisfaction of the
Township that an adequate description of the parent parcel is on record
which may be a recorded survey map or recorded deed description. All
parcel(s) subdivided therefrom shall be surveyed and platted in accord
with all the requirements of this chapter, and said parcel(s) shall
front on a public road; or evidence satisfactory to the Township otherwise
demonstrating access, shall be provided by the applicant. The subdivision
shall in all other respects be processed in accord with this chapter.
In accord with Section 502.1(b) of the Pennsylvania Municipalities
Planning Code, the governing body of any municipality contiguous to Pocono
Township may appear before the Township to comment on a proposed subdivision,
change of land use, or land development.