[Ord. 6-98, 9/1/1998, § 301]
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 Township Consultation. Prior to filing an application
for approval of a subdivision or land development within Richmond
Township, the owner or his authorized agent shall meet with the designated
Planning Commission representative for an official classification
of his proposed subdivision or land development. The designated Planning
Commission representative shall determine whether the proposal shall
be classified as a minor subdivision, a major subdivision or a land
development. At this time, the designated Planning Commission representative
shall advise the owner or his authorized agent as to which of the
procedures contained herein must be followed.
3.
Preapplication DEP Consultation. Prior to the preparation of any
plans, it is suggested that prospective developers consult with the
Pennsylvania Department of Environmental Protection concerning soil
suitability when on-site sewage disposal facilities are proposed.
4.
Preapplication Conservation District Consultation. Prospective developers
should consult with the Tioga County Conservation District representative
concerning erosion and sediment control and the effect of geologic
conditions on the proposed development.
5.
Preapplication Research. If it is known that the parcels being created will be used for development requiring a special permit, or for development that is considered dangerous to human life, prospective developers should check the provisions contained in the Zoning Ordinance [Chapter 27] and Building Code, which pertain specifically to those kinds of development.
6.
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 the application and plans are received in the Township
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 application
has been submitted.
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.
7.
Tioga County Planning Commission Review. All plans shall be submitted
to and reviewed by the Tioga County Planning Commission in accordance
with its then prevailing rules and regulations. Richmond Township
shall forward to the subdivider a copy of any report of the Tioga
County Planning Commission.
8.
If a land development or subdivision involves property in two municipal
jurisdictions, appropriate approvals must be obtained from the other
municipality before submitting the request to the Township.
[Ord. 6-98, 9/1/1998, § 302]
1.
All filing, inspection and engineering fees shall be submitted to
Richmond Township.
2.
Plan Filing Fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to Richmond Township. The Board of Supervisors shall create by resolution
a schedule of fees to be paid by the subdivider or land developer
to defray the cost of administering and processing of plans. The schedule
of fees may be changed from time to time by resolution of the Board
of Supervisors.
3.
Review Fees.
A.
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants or engineer for review
and report to Richmond 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
service in the community, but in no event shall the fee exceed the
rate or cost charged by the Engineer or consultant to Richmond 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
Richmond Township that such fees are disputed, in which case Richmond
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 Richmond Township and the applicant cannot agree
on the amount of review fees which are reasonable and necessary, than
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this Commonwealth and chosen mutually
by Richmond Township and the applicant or developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by Richmond Township and the applicant or developer.
4.
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 Richmond Township by the
applicant upon the submission of bills therefor to the applicant from
time to time by the Board of Supervisor.
[Ord. 6-98, 9/1/1998, § 303]
[Ord. 6-98, 9/1/1998, § 304]
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 10 days prior to the regular meeting of the
Planning Commission at which it is to be considered. 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 Plan.
(1)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(2)
The application form shall be accompanied by the requisite fee as set forth in § 22-302 of this Part and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by Township resolution from time to time. All documents will be submitted at least 21 days and not earlier than 30 days prior to the scheduled meeting of the Planning Commission.
(3)
The Township Secretary shall forward one copy of the preliminary
plan prints and one copy of the required material to the Tioga County
Planning Commission, Township Engineer and such other agencies as
he deems appropriate for review and comment.
(4)
The Township Secretary shall forward the remaining copies of
the preliminary plan prints and required materials to the Planning
Commission.
(5)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
B.
Review of Preliminary Plans.
(1)
In cases where the subdivision or 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)
Township Engineer will submit his report of review not later
than five days prior to the Planning Commission meeting.
(3)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and the Township Zoning Ordinance [Chapter 27].
(4)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date, but in any event shall act on
the plan in time for the Board of Supervisors to render their decision
within 90 days from the official filing date. In the event that any
variance from this chapter is requested by the applicant or is deemed
necessary for approval, the variance and the reasons for its necessity
shall be entered into the records of the Board of Supervisors.
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 thereof, including,
if disapproved, a statement of reasons for such action.
(2)
In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer, Township staff, the Township Sanitary Engineer, the Tioga County Planning Commission, interested residents and the recommendations of any agency or agencies from which a review was requested under § 22-304, Subsection 2A(3), of this Part.
D.
Resubmission of Preliminary Plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
E.
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 acceptable
to the developer and accepted by him in writing 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 Planning Code, 53 P.S. § 10101,
or any other statute or this Part or any other ordinance which have
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, 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 improvements, 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.
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, 53 P.S. § 10508. All
documents will be submitted at least 21 days and not earlier than
30 days prior to the scheduled meeting of the Planning Commission.
(2)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be reviewed by the Planning
Commission, Township Engineer and other appropriate agencies 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, Subsection 1C.
(5)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
a part of the requisite materials accompanying the final plan submission.
(6)
The subdivider or developer shall submit a reproducible original
of the plan, nine prints of the final subdivision or land development
plan and at least three copies of all other required information.
(7)
Upon receipt of the final plan, the Township Secretary shall
forward the original plan and five copies of the plan and one copy
of all the other materials to the Planning Commission for review and
recommendation; one copy of the plan and one copy of all other materials
to the Tioga County Conservation District for review and comments;
one copy of the plan and one copy of all other materials to the Tioga
County Planning Commission; one copy of the plan to the Township Engineer;
and copies to such other agencies whose recommendations would be pertinent
to the processing of the plan.
B.
Review of Final Plan.
(1)
The Township Engineer will submit his report of review not later
than five days prior to the Planning Commission meeting.
(2)
The Planning Commission will review the plan and requisite materials
for compliance with the approved preliminary plan and for conformance
to the requirements of this chapter.
(3)
The Planning Commission shall act on the final plan within 60
days of 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 thereof, including, if
approved with conditions or disapproved, a statement of reasons for
such action.
(2)
In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer, the Tioga County Planning Commission, the Tioga County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under § 22-304, Subsection 3A(3).
D.
Resubmission of Final Plans. A revised plan submitted after disapproval
shall be considered and processed as a new plan submission.
E.
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 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 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 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 in the 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, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
F.
Recording of Final Plans.
(1)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan
on stable plastic base film and no less than four prints thereof which
shall be submitted to Richmond 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 Tioga
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)
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 Richmond Township concerning maintenance of the improvements offered
for dedication nor shall such approval be construed as an acceptance
of such dedication.
(3)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner, and Richmond Township shall assume no responsibility
for improvement or maintenance thereof; which fact shall be noted
on the final plan.
