Newtown Township
Bucks County
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Table of Contents
Table of Contents
[Ord. -/-/1985, -/-/1985, § 301; as amended by Ord. 89-O-204, 1/6/1989, § 8; by Ord. 89-O-212, 6/5/1989, § 1; and by Ord. 91-O-2, 2/18/1991, § 10]
1. 
In order to discharge the duties imposed by law, the Township has adopted the following procedures which shall be mandatory for all applicants, developers, and their agents.
2. 
The start of review date shall be as follows: The review process for plans required by the Township shall include no more than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed and accepted as complete by the Zoning Officer, provided that should said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the thirtieth day following the day the application has been filed and accepted as complete by the Zoning Officer.
3. 
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.
4. 
The submission of a revised preliminary or final which, in the opinion of the Township, constitutes a substantial departure from the preliminary or final plan currently under consideration shall constitute a new and separate submission which shall restart the time for the review of the plans as set forth in Subsection (2) above.
5. 
The applicant may agree to extend the time requirement for the review process by submitting a written request for an extension of time to the Township. The minimum period which will be ordinarily granted will be 10 days after the second Supervisors' meeting next succeeding filing of the request.
6. 
Resubmission of plans previously denied shall be subject to all requirements of a new submission. A revision to a plan which was previously approved or denied must be accompanied by a compete application form, all required information and appropriate fee; and the applicant must submit a written withdrawal of the previously submitted plan.
7. 
The plans submitted for separate stages of review differ in their purpose and required level of detail. The tables below indicate the required plans for different types of submissions:
Subdivision and/or Land Development
Plan
See Section
Minor Subdivision
Major Subdivision
Land Development
Sketch
302
Recommended
Recommended
Recommended
Preliminary
303
Not required
Required
Required
Final
304 & 305
Required
Required
Required
Planned Residential Development
Plan
See Section
Planned Residential Development
Feasibility (Sketch)
307.1
Recommended
Tentative (Preliminary)
307.2
Required
Final
307.3
Required
8. 
The owner of the parcel of land to be subdivided or developed shall by the submission of a plan grant the Board of Supervisors, its authorized agents and representatives, the Planning Commission, and the representatives of the County and Township departments and agencies having responsibility for review and/or approval under this Chapter 22 the right to enter the parcel of land for the purpose of inspection and enforcement of the requirements, terms and conditions imposed herein.
9. 
All plans and applications shall be submitted to the Zoning Officer or other person so designated to receive plans by the Board of Supervisors. The Township shall have sole responsibility to forward the plans to other reviewing agencies. Plans are not to be delivered to any reviewing agency by the owner, developer or his agent.
10. 
Any individual or entity submitting required plans for any subdivision, including major and minor subdivisions and lot line changes, and all land developments shall notify all individuals or entities who own real estate within 500 feet of the proposed subdivision, lot line change or land development of the pendency of such subdivision, lot line change or land development proposal in writing on a form approved by the Township. Such notice shall be made by certified mail, postage prepaid, to each such owner of record. Such notice shall be posted within five days of the submission of the first required plan and proof of delivery must be delivered to the Township within 15 days of the submission. In the event that the applicant proposing the plan does not furnish proof, nor adequately explains the reason that notice was not delivered, the Township shall notify any owners not so notified by the applicant and shall charge all costs therefor to the applicant.
11. 
Plan Review by Adjacent Municipalities.
A. 
Applications for tracts of land along the municipal boundary shall submit one additional set of plans which shall be forwarded to the adjacent municipality for its comments.
B. 
The Township may solicit comments from an adjacent municipality even if the plan is not on the boundary of the Township, where a plan, in the opinion of the Township, affects the adjacent municipality.
C. 
When comments are solicited from adjacent municipalities, the Planning Commission and the Board of Supervisors shall review the reports from the adjacent municipality as part of the plan review process.
[Ord. -/-/1985, -/-/1985, § 302]
1. 
Purpose. The Sketch Plan is an optional submission which is offered to provide the applicant with the opportunity to discuss the proposed project with the Township on an informal basis. The applicant for a proposed major subdivision or land development is encouraged to submit a Sketch Plan before the preparation of the Preliminary Plan and formal application for approval.
2. 
Procedure. The following procedures are intended to provide the applicant with an orderly process whereby Sketch Plan approvals can be properly evaluated.
A. 
The applicant prepares the Sketch Plan with requested information.
B. 
The applicant submits to the Township Zoning Officer, or other person so designated by the Board of Supervisors, two copies of the Sketch Plan.
C. 
The Township Planning Commission reviews the Sketch Plan with the applicant to determine whether the plan meets the general objectives of the Comprehensive Plan and the requirements of this Chapter 22 and other ordinances. The Township Planning Commission may recommend that the Sketch Plan be reviewed by the Bucks County Planning Commission and the Township Engineer when appropriate.
[Ord. -/-/1985, -/-/1985, § 303; as amended by Ord. 91-O-2, 2/18/1991, § 11; and by Ord. 91-O-4, 2/18/1991, § 6]
1. 
Purpose. The purpose of the Preliminary Plan is to enable the Township to examine subdivision and land development proposals for compliance with Zoning, Subdivision and Land Development, and other Township ordinances to minimize changes and revisions to the final plans.
The Preliminary Plan is required for all major subdivisions and land developments and is reviewed prior to the submission of detailed engineering data and the improvement guarantees required at the final plan submission stage.
2. 
Procedure.
A. 
All applications for Preliminary Plan approval shall be prepared in compliance with the submission requirements and standards.
B. 
The following items must be included in the Preliminary Plan submission:
(1) 
Seven copies of the Preliminary Plan;
(2) 
One Township application form and appropriate fee;
(3) 
One Bucks County Planning Commission application form and appropriate fee;
(4) 
Two copies completed Planning Module for Land Development, accompanied by the review comments of the Bucks County Department of Health; and
(5) 
Four copies Traffic Impact Study, and other reports where applicable.
C. 
Fees in the amounts specified by the Township and other reviewing agencies' fee schedules shall be paid by the applicant at the time of plan submission.
D. 
The Township Zoning Officer shall check the submission for completeness. If it is incomplete, the plan shall be returned and the applicant shall be notified in writing within seven days of the deficiencies of the submission, citing section(s) of the Zoning Ordinance and/or this Chapter 22 relative to the deficiencies. An incomplete plan shall not be considered as filed. If the submission is complete, the plan shall be considered accepted as of the date of filing, and copies of the plan shall immediately be distributed to the following agencies:
Agency
Copies of Plan
Copies of Report(s)
Newtown Twp. Planning Commission
1
1
Newtown Twp. Board of Supervisors
1
1
Township Engineer
2
1
Bucks Cty. Planning Commission
1
1
Bucks Cty. Conservation District
1
1
Other reviewing officers or agencies
As Necessary
E. 
The Township Engineer, within 30 days following the start of the review, (See § 301(2)), shall:
(1) 
Review the engineering considerations in the applicant's submission; and
(2) 
Prepare a report for the Planning Commission and Board of Supervisors.
F. 
The Zoning Officer, within 30 days following the start of the review, shall:
(1) 
Review the plans and application for conformance with the Township Zoning Ordinance and other applicable ordinances and regulations; and
(2) 
Prepare a report for the Planning Commission and Board of Supervisors.
G. 
The Township Planning Commission, within 60 days following the start of the review, shall:
(1) 
Review the applicant's submission;
(2) 
Receive and review the reports by the Bucks County Planning Commission;
(3) 
Receive and review report by the Township Engineer;
(4) 
Evaluate the applicant's submission, presentation, discussion with applicant, the County Planning Commission's report, and the Township Engineer's report;
(5) 
Determine whether the Preliminary Plan meets the objectives of the Comprehensive Plan and requirements of this Chapter 22 and other ordinances; and
(6) 
Recommend approval or disapproval of the Preliminary Plan in a written report to the Board of Supervisors.
H. 
The Township Board of Supervisors, within 90 days following the start of review, shall:
(1) 
Review the applicant's submissions;
(2) 
Review the reports of the Township Planning Commission, Township Engineer, Bucks County Planning Commission, and other applicable reviewing agencies; and
(3) 
Approve or disapprove the Preliminary Plan. If approved, the Board shall express its approval as preliminary approval, and state the conditions of approval, if any. If disapproved, the Board of Supervisors shall state the reasons for this action.
I. 
The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant (or his agent) personally or mailed to him at his last known address not later than 15 days following the decision.
J. 
Approval of the Preliminary Plan shall constitute preliminary approval of the subdivision or land development, but shall not authorize the sale of lots or the construction of buildings or site development.
K. 
If the Preliminary Plan is disapproved, the applicant may file a revised Preliminary Plan with the Township. Each revised submission shall require a payment of the fee for Preliminary Plans.
L. 
When the applicant is requesting a modification to a provision or provisions of this chapter, a written request shall accompany the plan submission. The request shall cite the section(s) of the Chapter to be modified, the extent of modification and the reasons for the modification. Refer to § 902, "Modifications to the Ordinance."
M. 
Any plan containing existing trees that are proposed to be protected/saved pursuant to § 903(B)(5) or § 903(B)(6) of the Joint Municipal Zoning Ordinance may be submitted to and reviewed by the municipal arborist or other person designated by the Board of Supervisors.
[Ord. -/-/1985, -/-/1985, § 304; as amended by Ord. 91-O-2, 2/18/1991, §§ 7, 11, and 17; and by Ord. 91-O-4, 2/18/1991, § 7]
1. 
Purpose.
A. 
The purpose of the Final Plan is to enable the Township to determine whether or not all aspects of subdivision and land development proposals conform to Township standards, and to provide a means for the applicant to guarantee that required improvements will be made prior to official approval and recording of the plan.
B. 
The Final Plan shall be submitted in conformance with the changes recommended during the Preliminary Plan review, and shall conform substantially to the Preliminary Plan as approved; however, it may constitute only that portion of the approved Preliminary Plan which is proposed to be recorded and developed at the time.
A Final Plan which is substantially revised from the approved Preliminary Plan shall not be accepted as a Final Plan but must be resubmitted as a Preliminary Plan together with the fee required by a Preliminary Plan.
C. 
The procedure for Final Plans is intended to provide an opportunity for all reviewing agencies to evaluate similar information. No revision shall be made to the Final Plan during the review procedure, unless:
(1) 
Notification is made in writing to all reviewing agencies which delineate the revision; and
(2) 
A waiver of the time requirement is submitted to the Township, if necessary.
2. 
Procedure.
A. 
All applications for Final Plan approval shall be prepared in compliance with the submission requirements and standards.
B. 
The following items must be included in the Final Plan submission:
(1) 
Seven copies of the Final Plan.
(2) 
One Township application form and appropriate fee.
(3) 
One Bucks County application form and appropriate fee.
(4) 
Certification from the appropriate authority indicating that sewerage service and capacity is available for lots proposing to use a public sewerage system.
(5) 
Certification from the appropriate authority indicating that water supply service and capacity is available for lots proposing to use a public water system.
(6) 
For plats proposing on-site sewage disposal, a title block signed by an authorized agent of the Bucks County Department of Health, indicating the suitability of all lots for on site sewage disposal.
C. 
Fees in the amounts specified by the Newtown Township and Bucks County Planning Commission fee schedules shall be paid by the applicant at the time of plan submission, where applicable.
D. 
The Township Zoning Officer shall check the submission for completeness. If it is incomplete, the plan shall be returned and the applicant shall be notified in writing within 10 days of the deficiencies of the submission. If the submission is complete, the plan shall be considered accepted as of the date of filing, and copies of the plan shall immediately be distributed to the following agencies:
Agency
Copies of Plan
Newtown Twp. Planning Commission
1
Newtown Twp. Board of Supervisors
1
Township Engineer
2
Bucks County Planning Commission
1
Bucks County Conservation District
1
Other reviewing officers or agencies
As Necessary
E. 
The Township Engineer, within 30 days[1] following the start of the review, shall:
(1) 
Review the engineering considerations in the applicant's submission; and
(2) 
Prepare a report for the Planning Commission and Board of Supervisors.
[1]
Note: This time limit does not apply to PRDs.
F. 
The Zoning Officer, within 30 days[2] following the start of the review, shall:
(1) 
Review the plans and application for conformance with the Township Zoning Ordinance and other applicable ordinances and regulations.
(2) 
Prepare a report for the Planning Commission and Board of Supervisors.
[2]
Note: This time limit does not apply to PRDs.
G. 
The Township Planning Commission, within 60 days[3] following the start of the review, shall:
(1) 
Review the applicant's submission.
(2) 
Receive and review the reports by the Bucks County Planning Commission.
(3) 
Receive and review the report by the Township Engineer.
(4) 
Evaluate the applicant's submission, presentation, discussion with applicant, the County Planning Commission's report, and the Township Engineer's report.
(5) 
Determine whether the Final Plan meets the objectives of the Comprehensive Plan and requirements of this Chapter 22 and other ordinances.
(6) 
Determine if the conditions of the Preliminary Plan approval have been met.
(7) 
Recommend approval or disapproval of the Final Plan in a written report to the Board of Supervisors.
[3]
Note: This time limit does not apply to PRDs.
H. 
The Township Supervisors, within 90 days[4] following the start of review, shall:
(1) 
Review the applicant's submissions.
(2) 
Review the reports of the Township Planning Commission, Township Engineer, Bucks County Planning Commission, and other applicable reviewing agencies.
(3) 
Approve or disapprove the Final Plan. If disapproved, the Board of Supervisors shall state the reasons for this action.
[4]
Note: This time limit does not apply to PRDs.
I. 
The Board of Supervisors shall render its decision within 90 days* of the date of acceptance of the complete submission. The Board shall not act, however,
(1) 
Until the report of the County Planning Commission has been received, or until a period of 30 days' following the forwarding of the complete submission to the County has lapsed.
(2) 
Until the written comments of the Township Planning Commission have been received, or until a period of 60 days[5] has elapsed from the date of acceptance of the plan by the Township Zoning Officer.
[5]
Note: This time limit does not apply to PRDs.
J. 
The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant (or his agent) personally or mailed to him at his last known address not later than 15 days following the decision.
K. 
If the Final Plan is approved the applicant shall submit two exact linen copies of the approved Final Plan, one mylar reproducible (full size) of the Plan with the signatures of the required agents and agencies as required in this Chapter 22 to the Board of Supervisors for signature, and one mylar reproducible (one inch equals 400 feet).
L. 
If the Final Plan is disapproved, the applicant may file a revised Final Plan with the Township Zoning Officer. Each revised submission shall require the regular application fee.
M. 
Requirements for approval.
(1) 
The Final Plan must be based on an approved Preliminary Plan. No Final Plan shall be approved which, in the opinion of the Township, deviates substantially from an approved Preliminary Plan, including but not limited to changes in elements of density, road alignment, layout and character of lots, open space, and housing types.
(2) 
No plat shall be finally approved unless the streets shown on the plat have been improved as required by this Chapter 22, and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains and other improvements as may be required have been installed in accordance with the provisions enacted herein, except in lieu of the completion of any improvements required as a condition of final approval, the applicant may enter into a contract with the Township, together with financial security, to guarantee completion of such improvements as set forth in this Chapter 22.
(3) 
For all subdivisions where the lots are to be served by other than individual wells and for a land development to be served by other than an individual well, one of the following shall be submitted prior to final plan approval:
(a) 
A certificate of public convenience from the Pennsylvania Public Utility Commission, or an application for a certificate;
(b) 
An agreement from a bona fide cooperative association of lot owners to supply water to all lots; or,
(c) 
A commitment or agreement from the authority or utility to supply the water.
(4) 
No plat for which sewage disposal by means of a public sewer system shall be approved until it has been established through written documentation what service and capacity is available in the sewerage system being considered for service.
(5) 
No plat for which on-site sewage disposal is proposed shall be finally approved until there appears upon it a signed statement by an authorized agent of the Bucks County Department of Health indicating that all such lots are capable of providing on-site treatment.
(6) 
No plat shall be finally approved until the applicant shall present documentation that open space, recreational improvements and improvements, other than public sanitary sewers and/or public streets which are dedicated to the Township, will be dedicated to a homeowner's association or another organization approved by the Board of Supervisors.
It is hereby declared to be the public policy of the Township that only public streets and the storm sewers within rights-of-way of public streets are to be accepted by the Township in dedication. Sanitary sewers shall be dedicated to the Newtown, Bucks County, Joint Municipal Authority, or other appropriate authority, as the rules and regulations of such authority may dictate from time to time.
(7) 
Any plan containing existing trees that are proposed to be protected/saved pursuant to § 903(B)(5) or § 903(B)(6) of the Joint Municipal Zoning Ordinance may be submitted to and reviewed by the municipal arborist or other person designated by the Board of Supervisors.
N. 
When the applicant is requesting a modification to a provision or provisions of this Part, a written request shall accompany the plan submission. The request shall cite the section(s) of the ordinance to be modified, the extent of modification and the reasons for the modification. Refer to § 902, "Modifications to the Ordinance."
3. 
At the request of the applicant, the Township shall furnish the applicant a signed copy of a resolution indicating approval of the applicant's final plan contingent upon the applicant obtaining a satisfactory financial security. The final plan will not be signed by the Board of Supervisors until a satisfactory financial security is presented. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Board of Supervisors.
[Ord. -/-/1985, -/-/1985, § 305; as amended by Ord. 91-O-2, 2/18/1991, § 8; and by Ord. 91-O-4, 2/18/1991, § 8]
1. 
Purpose. The purpose of this § 305 is to provide a simplified procedure by which minor subdivisions may be submitted and approved.
2. 
Procedure.
A. 
All applications for Minor Subdivision Final Plan approval shall be prepared in compliance with the submission requirements and standards.
B. 
The following items must be included in the Minor Subdivision Final Plan Submission:
(1) 
Six copies of the Minor Subdivision Plan.
(2) 
One Township application form and appropriate fee.
(3) 
One Bucks County application form and appropriate fee.
(4) 
Certification from the appropriate authority indicating that sewerage service and capacity is available for lots proposing to use a public sewerage system and that water service is available for lots proposing to use a public water system.
(5) 
For plats proposing on-site sewage disposal, a letter signed by an authorized agent of the Bucks County Department of Health, indicating the suitability of all lots for on-site sewage disposal.
C. 
Fees in the amounts specified by the Newtown Township and other reviewing agencies fee schedules shall be paid by the applicant at the time of plan submission, where applicable.
D. 
The Township Zoning Officer shall check the submission for completeness. If it is incomplete, the plan shall be returned to and the applicant shall be notified in writing within 10 days of the deficiencies of the submission. If the submission is complete, the plan shall be considered accepted as of the date of filing, and copies of the plan shall be distributed to the Newtown Township Planning Commission, and if appropriate, to the following agencies:
Agency
Copies of Plan
Newtown Twp. Board of Supervisors
1
Township Engineer
2
Bucks County Planning Commission
1
Other reviewing officers or agencies
As Necessary
E. 
The Township Engineer, within 30 days following the start of the review, shall, if requested:
(1) 
Review the engineering considerations in the applicant's submission; and
(2) 
Prepare a report for the Planning Commission.
F. 
The Zoning Officer, within 30 days following the start of the review, shall:
(1) 
Review the plans and application for conformance with the Township Zoning Ordinance and other applicable ordinances and regulations.
(2) 
Prepare a report for the Planning Commission.
G. 
The Township Planning Commission, within 60 days following the start of the review, shall:
(1) 
Review the applicant's submission.
(2) 
Receive and review the reports by the Bucks County Planning Commission.
(3) 
Receive and review report by the Township Engineer.
(4) 
Evaluate the applicant's submission, presentation, discussion with applicant, the County Planning Commission's report, and the Township Engineer's report.
(5) 
Determine whether the Minor Subdivision Plan meets the objectives of the Comprehensive Plan and requirements of this Chapter 22 and other ordinances.
(6) 
Recommend approval or disapproval of the Minor Subdivision Plan in a written report to the Board of Supervisors.
H. 
The Township Supervisors, within 90 days' following the start of review, shall:
(1) 
Review the applicant's submissions.
(2) 
Review the reports of the Township Planning Commission, Township Engineer, Bucks County Planning Commission, and other applicable reviewing agencies.
(3) 
Approve or disapprove the Final Plan. If disapproved, the Board of Supervisors shall state the reasons for this action.
I. 
The Board of Supervisors shall render its decision within 90 days[1] of the date of acceptance of the complete submission. The Board shall not act, however,
(1) 
Until the report of the County Planning Commission has been received, or until a period of 30 days[2] following the forwarding of the complete submission to the County has elapsed.
[2]
Note: This time limit does not apply to PRDs.
(2) 
Until the written comments of the Township Planning Commission have been received, or until a period of 60 days[3] has elapsed from the date of acceptance of the plan by the Township Zoning Officer.
[3]
Note: This time limit does not apply to PRDs.
[1]
Note: This time limit does not apply to PRDs.
J. 
The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant (or his agent) personally or mailed to him at his last known address not later than 15 days following the decision.
K. 
If the Minor Subdivision Plan is approved, two exact, reproducible copies of the approved Minor Subdivision Plan on linen and one exact paper print copy shall be submitted to the Planning Commission for required signatures.
L. 
If the Minor Subdivision Plan is disapproved, the applicant may file a revised Minor Subdivision Plan with the Township. Each revised submission shall pay the fee for Minor Subdivision Plan.
M. 
When the applicant is requesting a modification to a provision or provisions of this Part, a written request shall accompany the plan submission. The request shall cite the section(s) of the ordinances to be modified, the extent of modification and the reasons for the modification. Refer to § 902, "Modifications to the Ordinance."
N. 
Requirements for approval:
(1) 
No plat for which on-site sewage disposal is proposed shall be finally approved until the applicant supplies a signed statement by an authorized agent of the Bucks County Department of Health indicating that all such lots are capable of providing on-site treatment.
(2) 
No plat for which sewage disposal by means of a public sewer system shall be approved until it has been established through written documentation that service and capacity is available in the sewerage system being considered for service.
(3) 
No plat for which public water is to be supplied by means of a public water system shall be approved until it has been established through written documentation that service and capacity is available in the public water system being considered for service.
(4) 
Any plan containing existing trees that are proposed to be preserved/saved pursuant to §§ 903(B)(5) or 903(B)(6) of the Joint Municipal Zoning Ordinance may be submitted to and reviewed by the municipal arborist or other person designated by the Board of Supervisors.
[Ord. -/-/1985, -/-/1985, § 306]
1. 
By action of the Board of Supervisors, Planning Commission or of the Court on appeal in approving any subdivision or land development plan, an approved duplicate copy of such plan shall, within 90 days of the date of approval, be recorded by the owner 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 is recorded. If the plan is not recorded within the ninety-day period, the approval shall lapse and become void.
2. 
Effect of Recording. 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 improvement.
3. 
Recorded Plan. All plans recorded shall contain the information specified in this Chapter 22.
4. 
Time Limitation of Plans. The period of time during which no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan may be applied to affect adversely the right of an applicant to commence and to complete any aspect of an approved subdivision and/or land development shall be governed by the Municipalities Planning Code, or any amendments thereto.
[Ord. -/-/1985, -/-/1985, § 307]
1. 
Feasibility (Sketch) Review.
A. 
Purpose. The feasibility review is recommended to provide a means of evaluating potential development sites for planned residential developments and to determine certain planning restraints, natural limitation, man-made capacities, or other factors which will operate to control the development potential of each particular site for PRD developments. Feasibility Review is not mandatory.
B. 
Procedure.
(1) 
The applicant shall submit four copies of a plan for the entire tract in addition to the following:
(a) 
Four copies of the proposed application for a zoning map amendment, if applicable.
(b) 
A written statement by the landowner setting forth the reasons why, in his opinion, a Planned Residential Development (PRD) would be consistent with the Comprehensive Plan for the development of the Township.
(c) 
Written evidence that the applicant is the legal or equitable owner of the subject tract.
(d) 
Written evidence of all mortgages, easements, restrictive land uses, etc., which may affect the development of the site.
(e) 
Additional information as required for submission of Tentative Plans may be included with the Feasibility Plan at the owner's option.
(2) 
The Planning Commission shall:
(a) 
Review the comments and reports from the Township Engineer, Zoning Officer; and
(b) 
Determine whether the Feasibility Plan meets the general objectives of the Comprehensive Plan, the PRD requirements of this Chapter 22, and the provisions of this chapter and other ordinances.
(3) 
General disapproval of a proposed PRD Development during a feasibility review shall not preempt a developer from applying for tentative approval as specified herein.
2. 
Tentative Approval.
A. 
Purpose. The application for tentative approval is provided to allow for an expeditious method for processing a development plan for a PRD under the terms of this Chapter 22 adopted herein, and to avoid the delay and uncertainty which would arise if it were necessary to secure approval of the local procedures of a plat of subdivision as well as a change in zoning regulations otherwise applicable to the property.
B. 
Procedure.
(1) 
The applicant shall submit 10 copies of a plan for the entire tract in accordance with the requirements for a Preliminary Plan, in addition to the following (provided the information was not previously submitted during the feasibility review and/or does not require revisions):
(a) 
Eight copies of the application for a Zoning Map amendment, if amendment is requested.
(b) 
A written statement by the landowner setting forth the reason why, in his opinion, a planned residential development (PRD) would be in the public interest and would be consistent with the Comprehensive Plan for the development of the Township.
(c) 
Written evidence that the applicant is the legal or equitable owner of the subject tract.
(d) 
Written evidence of all mortgages, easements, restrictive land uses, etc., which may affect the development of the site.
(e) 
Additional requirements in accordance with § 405 of this Chapter 22.
(2) 
The Township Zoning Officer shall check the submission for completeness. If it is incomplete, the plan shall be returned to and the applicant shall be notified in writing within 10 days of the deficiencies of the submission. If the submission is complete, the plan shall be considered accepted as of the date of filing.
(3) 
Upon acceptance of the tentative plan in accordance with the application filing requirements, § 301 herein, copies of the application shall be distributed immediately as follows:
Agency
Copies of Application
Newtown Twp. Planning Commission
1
Newtown Twp. Board of Supervisors
1
Bucks County Planning Commission
1
Bucks County Conservation District
1
Newtown Twp. Engineer
2
Newtown Twp. Solicitor
1
Newtown Twp. Zoning Officer
1
Newtown Fire Assoc. Incorporated
1
Other consultants as deemed necessary
1
(4) 
Within 45 days following the starting date of the review process as set forth within this Part 5, the Planning Commission shall:
(a) 
Review the comments and reports from the Township Engineer, Zoning Officer and County and State reviewing agencies; and
(b) 
Determine whether the tentative plan meets the general objectives of the Comprehensive Plan, the requirements of the PRD Districts, and the provisions of this Chapter 22 and other ordinances. It shall forward these comments to the Board of Supervisors.
(5) 
Public Hearings. Within 60 days following the starting date of the review process as set forth within this Part 5, a public hearing pursuant to public notice on said application shall be held by the Board of Supervisors in the manner prescribed in the Zoning Ordinance, in accordance with Section 708 of the Pennsylvania Municipalities Planning Code.
(a) 
A verbatim record of the hearing is to be made by the applicant; the applicant shall supply a copy of the transcript to the Township at applicant's sole cost and expense.
(b) 
All exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
(c) 
The Board may continue the hearing from time to time, and may refer the matter back to the Planning Commission for a further report.
(6) 
Findings. Following the conclusion of the public hearings, the Board of Supervisors shall render a formal decision regarding the proposal in accordance with Sections 709 and 710 of the Pennsylvania Municipalities Planning Code.
3. 
Final Approval.
A. 
Purpose. The purpose of final review is to insure that all requirements and conditions are satisfied before plans are recorded as required by § 306 within this Chapter 22.
B. 
Procedure.
(1) 
The applicant shall submit 10 copies of a plan for a section of or the entire tract as granted tentative approval in accordance with the requirements for the Final Plan, § 304 of this Chapter 22.
(2) 
The Township Zoning Officer shall check the submission for completeness. If it is incomplete, the plan shall be returned to and the applicant shall be notified in writing within 10 days of the deficiencies of the submission. If the submission is complete, the plan shall be considered accepted as of the date of filing.
(3) 
Upon acceptance of the Final Plan in accordance with the application filing requirements, § 301, copies of the plan shall be distributed immediately by the Township to the following:
Agency
Copies of Application
Newtown Twp. Planning Commission
2
Newtown Twp. Board of Supervisors
2
Bucks County Planning Commission
1
Bucks County Conservation District
1
Newtown Twp. Engineer
2
Newtown Solicitor
1
Newtown Twp. Zoning Officer
1
Newtown Twp. Fire Chief
1
Other consultants as deemed necessary
1
(4) 
Within 45 days following the starting date of the review process as set forth within this Chapter 22, the Board of Supervisors shall:
(a) 
Review the comments and reports from the Township Engineer, Zoning Officer and County and State reviewing agencies;
(b) 
Determine whether the Final Plan meets the PRD objectives and requirements of this Chapter 22 and other pertinent regulations and ordinances, and the stated terms of the Tentative Plan; and
(c) 
Render a decision in accordance with Section 711 of the Pennsylvania Municipalities Planning Code.
(5) 
See § 306(1) for recording requirements.
[Ord. 91-O-2, 2/18/1991, § 14]
1. 
An application may be granted preliminary or final approval subject to specific conditions which must be accepted or rejected by the applicant in accordance with subsection (2) hereof provided the applicant grants an extension of 30 days within which the Township can take action if the conditions are rejected. These conditions shall be included in a written communication to the applicant.
2. 
Within seven days of the applicant's receipt of the grant of conditional approval by the Board of Supervisors, the applicant shall notify the Township in writing of the applicant's acceptance or rejection of the conditions of approval. If the applicant does not so notify the Township within seven days, approval of the plan shall automatically be rescinded. If the conditions are rejected, the Township shall take official action on the application within the time limit established by the extension of time.