[Ord. 158, 12/20/1994, § 301; as amended by Ord.
192, 4/18/2000; and by Ord. 214, 10/18/2005, § III]
1.
Classification of Subdivision. Whenever any subdivision of land or
land development is proposed, before any contract is made for the
sale of any part thereof; and before any permit for the erection of
a structure in such proposed subdivision or land development shall
be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
2.
Preapplication DEP Consultation. Prior to the preparation of any
plans, it is suggested that prospective developers consult with the
Pennsylvania Department of Environmental Protection and/or Bucks County
Health Department concerning soil suitability when onsite sewage disposal
facilities are proposed.
3.
Preapplication Conservation District Consultation. Prospective developers
should consult with the Bucks County Conservation District representative
concerning erosion and sediment control and geologic conditions at
the proposed development.
4.
Preapplication PennDOT Consultation. When the development site has
frontage on a state highway and/or proposed access to a state highway,
the developer should consult with PennDOT concerning design requirements
which may be imposed in addition to the requirements of this chapter.
5.
Official Filing Date.
A.
For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date complete application and plans are received in the municipal building; provided that, should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the 30th day following the day the complete application has been submitted. All applications will not be deemed complete unless all applicable fees have been paid by the applicant and the application and plans conform with the plan requirements as set forth in Part 4 of this chapter.
B.
Upon receipt of an application for subdivision or land development
approval, the Township Secretary shall affix to the application both
the date of submittal and the official filing date. Applications shall
be administratively reviewed for completeness in accordance with the
East Rockhill Township's Subdivision/Land Development review policies
dated July 7, 1994 (as amended.)
C.
Following submittal of a subdivision or land development plan to
the Township for a formal review, no further documentation or additional
plans or plan sheets may be submitted to the Township for inclusion
with the plan under review. This policy shall apply to formal sketch
preliminary and final submissions. In the event the applicant desires
to submit a plan of substitution, the original plan shall be formally
withdrawn and a new review time-table shall commence.
6.
Bucks County Planning Commission Review. All plans shall be submitted
to and reviewed by the Bucks County Planning Commission in accordance
with its then-prevailing rules and regulations.
7.
Any renderings, photographs, drawings or plans that are to be presented
at a public meeting shall be submitted in PDF format or other format
acceptable to the Township and shall accompany and be part of the
plan submission application.
[Ord. 158, 12/20/1994, § 302; as amended by Ord.
214, 10/18/2005, § IV]
1.
All filing, inspection and engineering fees shall be submitted to
East Rockhill Township.
2.
Plan Filing Fee/Professional Services Fee. A filing fee and contract
for professional services for required charges by the Township's professional
consultants shall accompany the preliminary plan. No application shall
be accepted or acted upon unless payment is made to East Rockhill
Township. The East Rockhill Township Board of Supervisors shall establish
by resolution a schedule of fees to be paid by the subdivider or land
developer to defray the costs of administering and processing of plans.
The schedule of fees, including professional consultant fees, may
be changed from time-to-time by resolution of the Board of Supervisors
of East Rockhill Township.
3.
Review Fees.
A.
Review fees shall include reasonable and necessary charges by the
Township's professional consultants or engineer for review and report
to the Township and shall be set by resolution. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges
by the Township Engineer or consultant for similar services in the
community, but in no event shall fees exceed the rate or cost charged
by the engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants.
B.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
C.
In the event that the Township and the applicant cannot agree on
the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such by the Commonwealth of Pennsylvania and
chosen mutually by the Township and the applicant or developer.
D.
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The engineering fees required to be paid by
this section shall be promptly submitted to the Township by the applicant
upon the submission of bills therefore to the applicant from time
to time by the Board of Supervisors.
[Ord. 158, 12/20/1994, § 303]
[Ord. 158, 12/20/1994, § 304]
2.
Additional Subdivision. Any additional subdivision of a tract from
which a minor subdivision has already been approved shall be deemed
to be a major subdivision and shall follow the procedure applying
thereof if the additional subdivision is submitted for review within
five years of the approval of the minor subdivision.
[Ord. 158, 12/20/1994, § 305; as amended by Ord.
192, 4/18/2000; by Ord. 214, 10/18/2005, §§ V-VI; and
by Ord. 241, 7/17/2008]
1.
Sketch Plan. Prospective subdividers and developers are strongly
urged to discuss possible development sites with the Planning Commission
prior to submission of a preliminary plan. A sketch plan may be presented
for review not less than 14 days prior to the regular meeting of the
Planning Commission. Application for sketch plan review by the Bucks
County Planning Commission must accompany the submission. Submission
of a sketch plan will not constitute a formal filing of a subdivision
or land development plan with the Board of Supervisors. Sketch plans
should include those items listed in Part 4, Plan Requirements.
2.
Preliminary Plan.
A.
Submission of Preliminary Plans.
(1)
Required Documentation.
(a)
The applicant or his agent shall distribute the required documents
in accordance with the most current East Rockhill Township application
form, which specifies that number of copies and reviewing agencies.
All required documentation (plans, applications, stormwater management
reports, traffic studies, etc.) shall also be submitted in PDF format.
(b)
In addition to the above, an information packet shall be included
with the submission to the Township at the time the application is
made for land development or subdivision of any property. The information
packet shall include the location of the land development or subdivision,
real and equitable owners, number of lots, lot size, housing type
or nonresidential use, water and sewer availability (on-site or public),
amount of open space, and shall include a map showing the properties
(and their uses) surrounding the proposed property and a general plan
of the development showing the lots, roads, parking, etc. Said plans
shall be submitted on an eleven inch by seventeen inch plan sheet.
(c)
It is the responsibility of the subdivider or developer to coordinate
plans with the respective private and public service agencies, including
but not limited to (where applicable) Bucks County Conservation District,
Bucks County Department of Health, Pennsylvania Department of Environmental
Protection, PennDOT, adjacent municipalities and municipal authorities.
(2)
The application form shall be accompanied by the requisite fee as set forth in § 22-302 of this Part; sample plan notification letter and two copies of certified mail receipts; and by not less than four copies of all required material; and not less than seven prints of the preliminary plans of the subdivision or development; or as amended by Township resolution from time to time.
(3)
The applicant shall forward one copy of the preliminary plan
prints and other required material to the Bucks County Planning Commission
by certified mail, and to such other agencies as he/she deems appropriate
for review and comment. One print shall be sent to the servicing fire
company by certified mail when deemed necessary by the Township. Applicant
shall provide certified mail receipts to the Township.
(4)
The Township Secretary shall forward two copies of the preliminary
plan brings and one copy of required material to the Bucks County
Planning Commission and such other agencies as he/she deems appropriate
for review and comment. One print shall be sent to the Fire Marshal
when deemed necessary by the Township.
(5)
The Township Secretary shall forward two copies of the preliminary
plan prints and required materials to the Township Engineer for review
and comment.
(6)
The Township Secretary shall forward the remaining copies of
the preliminary plan prints and required materials to the Planning
Commission.
(7)
When applicable, the submission shall be accompanied by a planning
module for land development, as required by the Pennsylvania Department
of Environmental Protection.
(8)
Adequate water and sewer required.
B.
Review of Preliminary Plans.
(1)
In cases where the subdivision of land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the developer shall submit the plans to the Pennsylvania
Department of Transportation for review.
(2)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter, the Township Zoning Ordinance [Chapter 27] and all other applicable ordinances and regulations of the Township.
(3)
The Planning Commission shall act on the preliminary plan in
time for the Board of Supervisors to render its decision within 90
days from the official filing date. Any requests for modification
or waiver of the requirements of this chapter shall be in writing
in accordance with PA Act 170, as amended, and be reviewed by the
Planning Commission for advisory comments.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications, or disapproved
and shall notify the Board of Supervisors in writing.
(2)
In making its recommendations, the Planning Commission shall
consider the recommendations of the Township Engineer, Township staff,
Bucks County Planning Commission, interested residents and any agency
or agencies from which a review was requested under subsection (2)(A)(3)
of this section.
D.
Township Engineer Review. All plans and associated documents shall
be reviewed by the Township Engineer prior to the transmission of
such plans to the Board of Supervisors.
E.
Resubmission of Preliminary Plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
A revised plan submitted after approval shall only be considered a
new plan submission if, in the opinion of the Township, it has been
substantially revised after said approval.
F.
Approval of Preliminary Plans.
(1)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Board of Supervisors
may hold a hearing thereon after public notice.
(2)
The Board of Supervisors shall notify the applicant of its decision
to approve, approve with conditions or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
disapproved, the Board of Supervisors shall specify in their notice
the conditions which must be met and/or the defects found in the plan
and the requirements which have not been met, including specific reference
to provisions of the Pennsylvania Municipalities Code, 53 P.S. § 10101
et seq., or any other statute or provision of this chapter which has
not been fulfilled.
(3)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development and the arrangement and approximate dimensions of streets,
lots and other planned features. The approval binds the subdivider
or developer to the general scheme of the subdivision shown, unless
a revised preliminary plan is submitted and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for guarantee to cover installation of the improvement and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots nor the recording of the preliminary plan.
(4)
Where preliminary plan approval is given subject to conditions,
the applicant shall accept or reject any or all of the conditions
within 15 days from the date that he/she receives the written notification
from the Board of Supervisors. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plat to become automatically rescinded pursuant to § 503(9)
of the Pennsylvania Municipalities Planning Code and, in the alternative,
the plan is denied due to noncompliance with the specified conditions.
G.
Any preliminary plan filed with the Township which has not been revised
within six months from the date of the last Township Engineer's review
letter shall be deemed inactive and may be denied for failure to promptly
process the plan in accordance with Township ordinances.
H.
Any final plan filed with the Township which has not been revised
within six months from the date of the last Township Engineer's review
letter shall be deemed inactive and may be denied for failure to promptly
process the plan in accordance with Township ordinances.
3.
Final Plan.
A.
Submission of Final Plans.
(1)
After the subdivider or developer has received official notification
from the Board of Supervisors that the preliminary plan has been approved,
he must submit a final plan in accordance with the provisions of § 508
of the Municipalities Planning Code. Application to the Bucks County
Planning Commission with appropriate fee must accompany the final
plan submission.
(2)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
a revised preliminary plan and shall be forwarded by the Township
Secretary to the Planning Commission for review and recommendation
as a preliminary plan.
(3)
The subdivider or developer must submit with the final plan
a guarantee for the installation of improvements which meets the requirements
of Part 6.
(4)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 22-302.
(5)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
part of the requisite materials accompanying the final plan submission.
(6)
The subdivider or developer shall submit 11 prints of the final
subdivision or land development plans and at least six copies of all
other required information.
(7)
Upon receipt of final plan, the Township Secretary shall forward
the original plans and five copies of the plans and one copy of all
the other material to the Planning Commission for review and recommendation;
two copies of the plan and required materials to the Township Engineer
for review and comment; two copies of the plan and one of all other
material to the Bucks County Planning Commission; and copies to such
other agencies whose recommendations would be pertinent to the processing
of the plan.
B.
Review of Final Plans.
(1)
The Planning Commission shall review the plan and requisite
materials for compliance with the approved preliminary plan and for
conformance to requirements of this chapter.
(2)
The Planning Commission shall act on the final plan in time
for the Board of Supervisors to render their decision within 90 days
from the official filing date.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with conditions, or disapproved and shall
notify the Board of Supervisors in writing.
(2)
In making its recommendation, the Planning Commission shall
consider the recommendations of the Township Engineer, the Bucks County
Planning Commission, the Bucks County Conservation, Pennsylvania Department
of Transportation and the recommendations of any agency or agencies
from which a review was requested under subsection (3)(A)(7).
D.
Township Engineer Review. All plans and associated documents shall
be reviewed by the Township Engineer prior to the transmission of
such plans to the Board of Supervisors.
E.
Resubmission of Final Plans. A revised plan submitted after denial
shall be considered and processed as a new final plan submission.
F.
Approval of Final Plans. The Board of Supervisors shall act upon
the application for approval of a final plan and render its decision
and communicate it to the applicant not later than 90 days following
the date of the regular meeting of the Planning Commission next following
the date the application is filed; provided that, should the next
regular meeting occur more than 30 days following the filing of the
application, said ninety-day period shall be measured from the 30th
day following the day the application has been filed.
(1)
The decision of the Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or be mailed
to him at his last known address not later than 15 days following
the decision.
(2)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite to the provisions of the Pennsylvania Municipalities Planning
Code or any other statute and the provisions of this chapter and any
other ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and manner required
herein shall be deemed an approval of the application in terms as
presented unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner of presentation of communication
of the decision, in which case, the failure to meet the extended time
or change in manner of presentation or communication shall have like
effect.
(4)
Where final plan approval is given, subject to conditions, the
applicant shall accept or reject any or all of the conditions within
15 days from the date the he receives the written notification from
the Board of Supervisors. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plat to become automatically rescinded pursuant to § 509(9)
of the Pennsylvania Municipalities Planning Code and in the alternate,
the plan is denied due to noncompliance with the specified conditions.
G.
Recording of Final Plans.
(1)
Upon approval of the final plan, the subdivider or developer
shall prepare two linen reproductions of the original final record
plan, including all plan sheets, and five paper prints all executed
and notarized by the applicant bearing appropriate engineering and
surveying seals which shall be submitted to the Township not later
than 30 days after approval. These plans, upon satisfaction of all
conditions attached to the approval, will be signed by the Board of
Supervisors. A copy of the signed final plan shall be recorded in
the office of the Bucks County Recorder of Deeds within 90 days after
approval of the final plan or the approval of the Board of Supervisors
shall be null and void. The final plan must be recorded before proceeding
with the sale of lots or construction of buildings.
(2)
Plans shall be recorded at the Bucks County Courthouse by the
Township. All costs associated with recordation of the plans shall
be re responsibility of the developer.
(3)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use, and to dedicate or
reserve all park reservations and other public areas to public use
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Board of Supervisors
of East Rockhill Township concerning maintenance of the improvements
offered for dedication nor shall such approval be construed as an
acceptance of such dedication.
(4)
The subdivider shall place a notation on the final plan if there
is no offer of dedication the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner and the Township shall assume no responsibility for
improvement or maintenance thereof, which fact shall be noted on the
plan.
[Ord. 158, 12/20/1994, § 306]
2.
Procedure.
A.
The applicant shall prepare two additional copies of the preliminary
plan and submit these to the Township Secretary as required by § 22-305(2)(A)(3)
of this chapter.
B.
The Township Secretary or other official designated by the Board of Supervisors, upon notification by the Planning Commission that the application is accepted for review as per § 22-305, shall forward to the Chairman of the Township Park and Recreation Board or designee the two copies of the preliminary plan.
C.
The Township Park and Recreation Board shall review the plans as
submitted and shall report to the Planning Commission promptly. The
report shall be in writing and shall include a list of any comments
and/or recommendations of the Board. In addition, the Park and Recreation
Board shall indicate whether it recommends the Township accept dedication
of the proposed open space and whether it finds the open space as
proposed acceptable or in need of revision.
D.
The Park and Recreation Board shall meet in person with the applicant
if it deems this to be necessary.
E.
Two copies of any and all revisions to the preliminary plan submission
affecting open space and/or recreation facilities shall be forwarded
to the Park and Recreation Board upon receipt for their review and
comments.
[Ord. 158, 12/20/1994, § 307]
When an application for approval of a plan, whether preliminary
or final, has been approved without conditions or approved by the
applicant's acceptance of conditions, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied to adversely affect the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years of such approval.
The five-year period shall be counted from the date of the preliminary
plan approval. Failure to substantially complete the required improvements
within the aforesaid five-year period, or within any extension thereof
as may be granted by the Board of Supervisors or as may be permitted
by § 508(4)(v and vi) of the Pennsylvania Municipalities
Planning Code for staged developments, shall make the application
subject to any and all changes in zoning, subdivision and any other
governing ordinance enacted by the Township subsequent to the date
of the initial preliminary plan approval.
[Ord. 158, 12/20/1994, § 308]
1.
General. The Board of Supervisors may grant a modification of the
requirements of one or more provisions of this chapter if the literal
enforcement will exact undue hardship because of peculiar conditions
pertaining to the land in question; provided, that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
2.
Procedure. All requests for modification shall be in writing and
shall accompany and be part of the application for development. The
request shall state, in full, the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
3.
Requests for modification shall be referred to the Planning Commission
for advisory comments.
