[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 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.
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 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 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.
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*
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 has elapsed from the date of acceptance of the plan by
the Township Zoning Officer.
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 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 elapsed.
(2)
Until the written comments of the Township Planning Commission
have been received, or until a period of 60 days has elapsed from the date of acceptance of the plan by
the Township Zoning Officer.
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.