Township of New Britain, PA Part 4 PLAN PROCESSING PROCEDURES

§ 22-400 Applicability.

[Ord. 2002-05-02, 5/20/2002, § 400]

Before any land is to be subdivided or developed, the applicant shall apply for and secure approval of the subdivision and/or land development plans in accordance with this chapter.

§ 22-401 General Procedures.

[Ord. 2002-05-02, 5/20/2002, § 401; as amended by Ord. 2010-03-01, 3/22/2010, § I]

1. All applications for subdivision and/or land development shall be classified as Sketch Plans, Preliminary Plans, Final Plans or Minor Plans, as defined in this chapter.

2. An application will not be deemed complete unless the applicant has paid all applicable filing fees and the plans conform to the plan requirements of this chapter.

3. All plans shall be accompanied by a completed Township Subdivision and Land Development Application Form and Subdivision and Land Development Plan Submission Checklist (see Appendix).

4. Within the time period permitted by the MPC, the applicant may submit a plan of substitution, which replaces the originally submitted plan. A plan of substitution shall be permitted only before the Board officially acts on the originally submitted plan.

5. It is recommended that any applicant considering a subdivision and/or land development proposal meet with Township staff prior to making a formal plan submission.

6. Subdivision applications creating a single new building lot are not considered minor subdivisions and such applications are required to submit a completed plan submission as required by §§ 22-403 and 22-404 of this chapter. Subdivision proposals creating a single new building lot must establish a plan for all required improvements under this chapter in those cases where there is additional vacant land for future subdivision of additional lots.

7. All plan submissions shall include two compact discs (CDs) that include PDF copies of all the plan sheets, supporting documentation and any other application material included in this submission.

8. Notification Requirements. The applicant for a subdivision or land development shall, with the submission of a preliminary plan, notify all surrounding property owners (minor subdivision-adjacent property owners and major subdivisions and land developments within 1,000 feet of the proposed development perimeter). The notice shall state that a subdivision or land development plan has been filed for the property (indicate tax map parcel number) and shall state that the Township office will schedule the meetings at which the plans will be reviewed. The developer shall include in the notice the date the plan is scheduled for the initial Township Planning Commission meeting. The notice shall include a copy of the proposed development plan showing proposed lots and streets and perimeter roads. The plan shall be either 8 1/2 inches by 11 inches or 11 inches by 17 inches. The notification shall be sent within five days of the time the plans are submitted to the Township. The applicant shall submit an affidavit to the Township setting forth the list of the names and addresses to which notices have been sent and include the content of the notice. The affidavit shall be supplied by the applicant to the Township five days prior to the first meeting of the Planning Commission at which the plans are to be discussed. The applicant shall post the property at the time of preliminary plan submission. The sign must be readable, maximum size of two feet by three feet and state that the property is the subject of a subdivision or land development with New Britain Township, [phone], for any questions.

§ 22-402 Sketch Plan and ERSAP Submission and Review Procedure.

[Ord. 2002-05-02, 5/20/2002, § 402; as amended by Ord. 2010-03-01, 3/22/2010, §§ II, III]

1. Purposes. The purposes served by a sketch plan are to inform the Township of an applicant's intent to subdivide and/or develop a property, and graphically show the concepts and extent of the proposal. A sketch plan allows the Township to provide guidance to an applicant so that overall layout and design issues can be resolved prior to preparation of preliminary plans. The preliminary plan approval process may then be able to proceed more efficiently. Sketch plans may also show how a tract of land may be further subdivided or developed in cases where only a portion of a property is currently under an active proposal.

2. Sketch plans shall have no legal standing with regard to any future plan approvals and shall be considered solely as a guide for future development.

3. Applicants are encouraged but not required to submit a sketch plan for any subdivision and/or land development proposal.

4. Sketch Plan Processing Procedures:

A. The applicant shall make a request to the Township Zoning Office to be scheduled on a Planning Commission meeting agenda for an informal discussion of the sketch plan.

B. The applicant shall appear at the scheduled meeting to explain the plan and to discuss issues identified by the Planning Commission. The applicant should be prepared to discuss significant issues including, but not limited to, land use proposed (residential, commercial, industrial, etc.), density or intensity of proposal; access to the subject site, including intersection locations and road realignments; site plan design, including subdividing, roads, buildings, common areas, curbs, sidewalks and pedestrian walkways and open space.

C. The Township Planning Commission may make suggestions and recommendations to the applicant during the meeting at which the plan is discussed. Suggestions and/or recommendations shall be summarized in the minutes of the Township Planning Commission for reference by the applicant.

D. The applicant may request a review by the Township Engineer. If so, the applicant shall be required to execute a professional services agreement and post financial security to reimburse the Township for the costs of such review.

E. The applicant may present alternative sketch plans provided that appropriate agenda time has been scheduled in advance.

5. ERSAP Plan Requirements and Processing Procedures.

A. The applicant is required to submit an ERSAP (existing resource and site analysis plan) for residential subdivisions involving six or more new lots. For nonresidential projects, an ERSAP submission is required for all developments unless otherwise waived by the Board of Supervisors.

B. The ERSAP submission procedure is as follows:

(1) The applicant shall submit an ERSAP application to the Township zoning office.

(2) The application shall be accompanied by an aerial photograph of the property at a legible scale to show the extents of the tract as well as the surrounding area up to 1,600 feet from the tract boundary.

(3) The application should also include a sketch of the proposed subdivision or development. Although the Township encourages the applicant to contact an engineering professional, sketch plans can be prepared by the applicant.

(4) Once the aerial photograph and sketch plan have been received, the zoning office shall coordinate a site visit with the applicant, Township staff and elected officials. The purpose of the visit is to familiarize officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of a designated required open space (if applicable), potential locations for proposed buildings and street alignments, stormwater management concepts, and protection of resources (natural and historic). Comments made by the Township representatives or their staff and consultants shall be as only advisory and are not binding on either the Township or the applicant. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site visit or during the sketch plan process.

(5) Following the site visit and prior to the first plan submission, the applicant shall meet with Township officials to discuss the findings of the site visit and to develop a mutual understanding on the general approach for subdividing and/or developing the property. At the discretion of the Township, this conference may be combined with or occur during the site visit.

§ 22-403 Preliminary Plan Submission and Review Procedure.

[Ord. 2002-05-02, 5/20/2002, § 403]

1. The applicant shall submit the appropriate number of copies of the preliminary plan to the Township Zoning Office during normal business hours. The applicant shall also submit the appropriate number of copies of the preliminary plan to the outside agencies listed on the Land Development Plan Submission Checklist provided in the Appendix.

2. The application for approval of the preliminary plan shall be in accordance with the MPC.

3. Township Planning Commission Review and Recommendation.

A. As part of its review of the preliminary plan, the Township Planning Commission shall consider the recommendations of the Township Engineer, Bucks County Planning Commission, other consultants and agencies.

B. The Planning Commission shall determine whether the preliminary plan complies with the requirements, objectives and intent of this chapter, the Township Zoning Ordinance [Chapter 27], the Township Comprehensive Plan and any other Township ordinance or official plan.

C. The Planning Commission shall make one of the following recommendations to the Board in a written report or within the minutes of the Planning Commission meeting:

(1) The applicant address plan deficiencies or unresolved planning issues with Township staff; or

(2) The plan be approved with conditions and specifically list the conditions; or

(3) The plan be approved; or

(4) The plan be denied and specifically list the reasons for such a recommendation.

4. Board Action.

A. Time Period. The Board shall act in accordance with the MPC. If the applicant has agreed in writing to an extension or a waiver of the time period, it shall begin upon the expiration date of the original acceptance date or the expiration date of subsequent time extension(s).

B. County Planning Commission Report. The Board shall not act on an application until the Bucks County Planning Commission report of its recommendations is received, or until the expiration of 30 days from the date the application was accepted for review by the county in accordance with the MPC.

C. Decision. The Board shall consider the preliminary plan application at one or more of its public meetings in accordance with the MPC. The preliminary plan shall comply in all respects with applicable Township ordinances and any variances that have been granted by the Zoning Hearing Board. Based on the recommendations of the Township Planning Commission, Township Engineer, Bucks County Planning Commission and other consultants or agencies, the Board shall do one of the following:

(1) Approval of Preliminary Plan. If the Board approves a preliminary plan, written notification shall be sent in accordance with the MPC.

(2) Approval of Preliminary Plan Subject to Conditions. If the Board approves a preliminary plan, conditioned upon the performance of any act or the obtaining of any other approval or permit by the applicant, the applicant shall be given the opportunity to accept or reject the conditions in accordance with the MPC.

(3) Denial of Preliminary Plan. If the Board denies approval of a preliminary plan, written notification shall be sent to the applicant in accordance with the MPC.

D. Written Notification. Written notification of the Board's decision shall be in accordance with the MPC.

E. Approval of the preliminary plan shall constitute conditional approval of the subdivision and/or land development as to the character and intensity, but shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.

5. The effective period of preliminary plan approval shall be in accordance with the MPC.

§ 22-404 Final Plan Submission and Review Procedure.

[Ord. 2002-05-02, 5/20/2002, § 404]

1. The applicant shall submit the appropriate number of copies of the final plan to the Township Zoning Office during normal business hours. The applicant shall also submit the appropriate number of copies of the final plan to the outside agencies listed on the Land Development Plan Submission Checklist provided in the Appendix.

2. The application for approval of the final plan shall be in accordance with the MPC.

3. Township Planning Commission Review and Recommendation.

A. As part of its review of the final plan, the Township Planning Commission shall consider the recommendations of the Township Engineer, Bucks County Planning Commission, other consultants and agencies.

B. The Planning Commission shall determine whether the final plan complies with the requirements, objectives and intent of this chapter, the Township Zoning Ordinance [Chapter 27], the Township Comprehensive Plan and any other Township ordinance or official plan.

C. The Planning Commission shall make one of the following recommendations to the Board in a written report or within the minutes of the Planning Commission meeting:

(1) The applicant address plan deficiencies or unresolved planning issues with Township staff; or

(2) The plan be approved with conditions, and specifically list the conditions; or

(3) The plan be approved; or

(4) The plan be denied and specifically list the reasons for such a recommendation.

4. Board Action.

A. Time Period. The Board shall act in accordance with the MPC. If the applicant has agreed in writing to an extension or a waiver of the time period, it shall begin upon the expiration date of the original acceptance date or the expiration date of subsequent time extension(s).

B. County Planning Commission Report. The Board shall not act on an application until the Bucks County Planning Commission report of its recommendations is received, or until the expiration of 30 days from the date the application was accepted for review by the county in accordance with the MPC.

C. Decision. The Board shall consider the final plan application at one or more of its public meetings in accordance with the MPC. The final plan shall conform to the approved preliminary plan, with recommended revisions (if any) and shall also comply in all respects with applicable Township ordinances and any variances or waivers that have been granted by the Zoning Hearing Board and/or Board. Based on the recommendations of the Township Planning Commission, Township Engineer, Bucks County Planning Commission, and other consultants or agencies, the Board shall do one of the following:

(1) Approval of Final Plan. If the Board approves a final plan, written notification shall be sent in accordance with the MPC.

(2) Approval of Final Plan Subject to Conditions. If the Board approves a final plan, conditioned upon the performance of any act or the obtaining of any other approval or permit by the applicant, the applicant shall be given the opportunity to accept or reject the conditions in accordance with the MPC.

(3) Denial of Final Plan. If the Board denies approval of a final plan, written notification shall be sent to the applicant in accordance with the MPC.

D. Written Notification. Written notification of the Board's decision shall be in accordance with the MPC.

E. Approval of the final plan shall not constitute approval of the record plans or authorize the sale of lots or construction of buildings.

5. The effective period of final plan approval shall be in accordance with the MPC.

§ 22-405 Minor Plan Submission and Review Procedure.

[Ord. 2002-05-02, 5/20/2002, § 405; as amended by Ord. 2010-03-01, 3/22/2010, § IV]

1. Minor plans may be submitted and processed for only lot line adjustments and minor land developments, as defined in this chapter.

2. Applications that qualify as minor plans may be submitted for concurrent preliminary and final plan approval, and shall comply with the final plan submission and review procedures and recording final plans.

3. The Board may require the standard preliminary plan and final plan submissions in place of a minor plan.

4. All minor subdivision plans and lot line changes shall be reviewed by the Planning Commission before appearing before the Board of Supervisors.

§ 22-406 Recording of Plans.

[Ord. 2002-05-02, 5/20/2002, § 406; as amended by Ord. 2010-03-01, 3/22/2010, §§ V, VI]

1. Record Plan Requirements. No final plan shall be recorded for any subdivision and/or land development until the applicant has completed the following requirements:

A. If the final plan is approved with a public sewer system, the applicant shall provide the Township with a copy of the approved sewer agreement, including reservation of capacity with the Chalfont-New Britain Township Joint Sewage Authority.

B. If the final plan is approved with on-lot sewage disposal system(s), the applicant shall provide the Township with a permit from the Bucks County Department of Health for each proposed lot.

C. The applicant shall provide the Township with proof of approval from the Pennsylvania Department of Environmental Protection for the required sewage facilities planning module or planning module exemption.

D. If the final plan is approved with a public water supply system, the applicant shall provide the Township with a copy of the approved water agreement with the appropriate water authority.

E. The applicant shall obtain written approval from the Township Fire Marshal's Office.

F. If the final plan is approved with a private individual well(s), the applicant shall comply with the Township's well construction standards and permitting procedures.

G. The applicant shall submit copies of all necessary permits/approvals from the applicable regulatory agencies, authorities, or departments.

H. If the final plan is approved with public streetlights, the applicant shall submit a streetlight petition to the Township in accordance with the requirements of the MPC.

I. Legal descriptions for all proposed easements, rights-of-way, deed restricted areas, etc., shall be submitted to the Township Engineer for review. Upon the Township Engineer's approval, the Township Solicitor shall prepare the required documents including grants of easement, deeds of dedication, stormwater maintenance agreement, operation and maintenance agreement, etc.

J. The applicant shall execute the required financial security and development agreement(s) as prepared by the Township Solicitor, and shall post the required financial security with the Township. For minor subdivision and land developments, in lieu of preparing a financial security agreement, the Board of Supervisors may defer the improvements and posting of the financial security until building permit application provided a note is added to the plan and a separate unilateral declaration of covenants, restrictions and conditions is executed by the applicant to provide notice to future lot owners of the escrow requirement.

K. The applicant shall have paid in full all Township-incurred legal, engineering, planning and administrative costs relative to the plan submission.

2. Submission Record Plans.

A. Six paper copies of the final plan to be recorded shall be submitted directly to the Township Engineer for review and execution, prior to approval by the Board. The final plan shall bear the signature of the landowner(s) of record, notary public, the signature and seal of the registered professional engineer and surveyor responsible for the plans, and signature of an official of the Bucks County Planning Commission.

B. At the time of record plan submission, the applicant shall also submit to the Township Engineer:

(1) Five complete paper sets (rolled) of the final plans for construction; and

(2) One electronic copy of all drawings on CD ROM media in PC language in either DWG or DEF Vector format. The information on the electronic plan shall be the same in exact detail as the final plans to be recorded. In the event that electronic submission is not possible, the applicant may request preparation of an electronic plan by the Township Engineer. All expenses associated with preparation of the electronic plan by the Township Engineer shall be considered review expenses incurred by the Township on behalf of the applicant.

C. Within 90 days following Board approval of the Record Plan, the Township Zoning Officer shall record all final plans at the Office of the Recorder of Deeds of Bucks County. The Township will notify the applicant when recorded copies of the plans are available to be picked up at the Township Zoning Office.

3. Effect of Recording. After a subdivision and/or land development has been duly recorded, the streets, utilities, parks and other public improvements shown thereon shall be considered to be a part of the official map of the Township. All streets, parks and other public improvements shall be deemed to be a private and the responsibility of the applicant until such time as the Township has accepted/approved by resolution the improvements, and the deeds of dedication have been recorded in the Office of the Recorder of Deeds of Bucks County.