All subdivision and land development plans shall be subject
to approval, approval with modification, or rejection by the Board
of Supervisors; in the event such a plan is disapproved the reasons
therefore shall be set forth in writing. All plans shall be referred
to the Planning Commission for its review and recommendations.
Subdividers are urged to prepare sketch plans for review with
the Planning Commission. Such sketch plans shall be considered for
informal discussion, and shall not constitute an official submission.
Based on the data on the plan and the information received during
the discussion, the Planning Commission will advise the subdivider
of the extent to which the proposed subdivision conforms to these
regulations, and suggest any changes which are deemed advisable or
necessary to secure conformance with these regulations where applicable.
At this time, the Planning Commission may also indicate whether the
plan would be classified as a minor, preliminary or final plan. The
applicant shall indicate on the sketch plan all of the remaining property
under single ownership.
A.
All proposed subdivisions or land development plans shall be filed with the Township through the Township Secretary. The Township Secretary shall receive all required copies of the plan and supporting documentation including sewage planning modules, where applicable, and shall distribute plan copies and documentation to appropriate review agencies as listed in Articles VI, VII and VIII.
B.
The Township Secretary shall not accept any proposed subdivision
or land development plan for review if appropriate filing fees to
the Township and other review agencies, as may be required, have not
been paid.
C.
All plans and necessary supporting documentation shall be properly
filed with the Township Secretary not less than 21 calendar days in
advance of the Planning Commission meeting at which review of the
plan is desired. Plans not meeting this deadline shall be considered
at the second regularly scheduled Planning Commission meeting following
the date of submittal.
A.
Minor plan.
(1)
Any subdivision of land which contains no more than five lots, does
not propose the construction of public or private streets or other
improvements to be dedicated to the public, and does not propose the
establishment of new public easements or rights-of-way other than
unimproved drainage easements, shall be considered as a minor subdivision
plan. Provided that such plan and supporting documents comply in all
applicable respects with the requirements for both preliminary and
final plans, the Planning Commission shall review the plan as both
a preliminary and final plan, thereby excusing the applicant from
submitting a separate preliminary plan.
(2)
Any proposed land development plan which contains no more than five
residential dwelling units or one nonresidential structure with no
more than five prospective occupants located on a parcel of land totaling
not more than five gross acres in size, shall be considered as a minor
land development plan. Provided that such plan and supporting documents
comply in all applicable respects with the requirements for both preliminary
and final land development plans, the Planning Commission shall review
the land development as both a preliminary and final plan, thereby
excusing the applicant from submitting a separate preliminary land
development plan.
(3)
In order to prevent a single property from being subdivided over
a period of time as a series of minor plans, an owner of a property
that already has had, including any proposed submission, six or more
lots or units developed as a minor plan(s) shall indicate all the
remaining property under single ownership in all future requests for
subdivision or land development, and the Township shall require separate
preliminary and final plan submissions.
B.
Preliminary plan. All proposed subdivision or land development plans, if not qualifying as minor plans as defined in Subsection A above, and for which no valid preliminary plan approval exists, shall be submitted as preliminary plans and shall be required to comply in all respects with the applicable provisions of this chapter.
C.
Final plan.
(1)
To be considered as a final plan, all proposed subdivision or land
development submittals must first be approved by the Board of Supervisors
as a preliminary plan.
(2)
If the applicant makes substantial revisions in his plan after it
has been approved as a preliminary plan, such revised plan shall require
a new preliminary plan approval before being submitted as a final
plan.
All applications for approval of a plan whether minor, preliminary or final, shall be acted upon by the Board of Supervisors, and such decision communicated 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 the plan is filed in accordance with § 260-14 above. Should the said 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.
A.
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.
B.
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
the provisions of this chapter relied upon.
C.
Failure of the Township 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.
D.
Changes in Township ordinances shall affect plans as follows:
(1)
From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 300, Zoning, this chapter, or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary plan application has been duly approved, the applicant shall be entitled to final plan approval in accordance with the terms of the approved preliminary plan application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
(2)
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 affect adversely 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 from such approval
and shall be extended for the duration of any litigation, or a sewer
or utility moratorium imposed subsequently to the filing of the application
for preliminary approval of a plat.
(3)
Where final plan approval is preceded by preliminary plan approval,
the aforesaid five-year period shall be counted from the date of the
preliminary plan approval. In the case of any doubt as to the terms
of a preliminary plan approval, the terms shall be construed in the
light of the provisions of the governing ordinances or plans as they
stood at the time when the application for such approval was duly
filed.
(4)
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the governing body,
no change of municipal ordinance or plan enacted subsequent to the
date of filing of the preliminary plan shall modify or revoke any
aspect of the approved final plan pertaining to zoning classification
or density or lot, building, street or utility location.
(5)
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plan delineating all proposed
sections as well as deadlines within which applications for final
plan approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plan approval, until final plan approval of the
final section has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Township in its discretion.
(6)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the Township in its discretion.
Provided the landowner has not defaulted with regard to, or violated
any of the conditions of, the preliminary plan approval, including
compliance with the aforesaid schedule of submission of final plans
for the various sections, then the aforesaid protection afforded by
substantially completing the improvements depicted upon the final
plan within five years shall apply and for any section or sections,
beyond the initial section, in which the required improvements have
not been substantially completed within said five-year period the
aforesaid protection shall apply for an additional term or terms of
three years from the date of final plan approval for each section.
(7)
Failure of landowner to adhere to the aforesaid schedule of submission
of final plans for the various sections shall subject any such section
to any and all changes in zoning, subdivision and other governing
ordinance enacted by the Township subsequent to the date of the initial
preliminary plan submission.
E.
Before acting on an application, the Board of Supervisors or the
Planning Commission, as the case may be, may hold a public hearing
thereon after public notice.
F.
State highway access.
(1)
No plan which will require access to a highway under the jurisdiction
of the Pennsylvania Department of Transportation shall be finally
approved unless the plan contains a notice that a highway occupancy
permit is required pursuant to § 420 of the Act of June
1, 1945 (P.L. 1242, No. 428), know as the "State Highway Law," before
driveway access to a state highway is permitted.[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
(2)
Neither the Pennsylvania Department of Transportation nor any municipality
to which permit-issuing authority has been delegated under the State
Highway Law shall be liable in damages for any injury to persons or
property arising out of the issuance or denial of a driveway permit,
or for failure to regulate any driveway. Furthermore, the Township
shall not be held liable for damages to persons or property arising
out of the issuance or denial of a driveway permit by the Pennsylvania
Department of Transportation.
G.
Approval of the preliminary plan constitutes approval of the proposed
subdivision or land development in respect to general design, the
approximate dimensions and other planned features. preliminary plan
approval binds the applicant to the general scheme of the plan as
approved and permits the applicant to begin preparation of the final
plan. Preliminary plan approval does not authorize the recording,
sale or transfer of lots.
H.
Preliminary plan approval shall expire if final plans are not submitted
within one year of preliminary plan approval.
A.
The Board of Supervisors shall set fees, payable to the Township
in advance, for the administrative review and processing of subdivision
or land development plans. Such fees shall be established by resolution
of the Board of Supervisors, and may be amended by subsequent resolutions.
B.
In addition, the Supervisors may require, through reimbursement to
the Township and/or direct payment, the payment of reasonable and
necessary charges of the Township's professional consultants or engineer
for review of plans and report thereon to the Township. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer or consultants for similar service
in the community, but in no event shall the 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.
C.
Fee disputes. In the event the applicant disputes the amount of any
fees charged as a result of reviews by the Township's professional
consultants or engineer, the applicant shall no later than 100 days
after the date of the transmittal of the bill to the applicant, notify
the Township and the Township's professional consultants or engineer
that such fees are disputed and shall explain the basis of their objections
to the fees charged, in which case the Township shall not delay or
disapprove a subdivision or land development application due to the
applicant's dispute over fees. Failure of the applicant to dispute
a bill within 100 days shall be a waiver of the applicant's right
to arbitration of that bill under Section 510.g of the Pennsylvania
Municipalities Planning Code.[1],[2]
(1)
If the professional consultant and the applicant cannot agree on
the amount of expenses which are reasonable and necessary, then the
applicant shall have the right, within 100 days of the transmittal
of the final bill or supplement to the final bill to the applicant,
to request the appointment of another professional consultant to serve
as an arbitrator. The applicant and professional consultant whose
fees are being challenged shall by mutual agreement, appoint another
professional consultant to review any bills the applicant has disputed
and which remain unresolved and make a determination as to the amount
thereof which is reasonable and necessary. The arbitrator shall be
of the same profession as the professional consultant whose fees are
being challenged.[3]
[3]
Editor's Note: See 53 P.S. § 10510.g.2.
(2)
The arbitrator so appointed shall hear such evidence and review such
documentation as the arbitrator in his or her sole opinion deems necessary
and shall render a decision no later than 50 days after the date of
appointment. Based on the decision of the arbitrator, the applicant
or the professional consultant whose fees were challenged shall be
required to pay any amounts necessary to implement the decision within
60 days. In the event the municipality has paid the professional consultant
an amount in excess of the amount determined to be reasonable and
necessary, the professional consultant shall within 60 days reimburse
the excess payment.[4]
[4]
Editor's Note: See 53 P.S. § 10510.g.3
(3)
In the event that the municipality's professional consultant and
applicant cannot agree upon the arbitrator to be appointed within
20 days of the request for appointment of an arbitrator, then, upon
application of either party, the President Judge of the Court of Common
Pleas of the judicial district in which the municipality is located
(or if at the time there be no President Judge, then the senior active
judge then sitting) shall appoint such arbitrator, who, in that case,
shall be neither the municipality's professional consultant nor any
professional consultant who has been retained by, or performed services
for, the municipality or the applicant within the preceding five years.[5]
[5]
Editor's Note: See 53 P.S. § 10510.g.4
(4)
The fee of the arbitrator shall be paid by the applicant if the disputed
fee is upheld by the arbitrator. The fee of the arbitrator shall be
paid by the charging party if the disputed fee is $2,500 or greater
than the payment decided by the arbitrator. The fee of the arbitrator
shall be paid in an equal amount by the applicant and the charging
party if the disputed fee is less than $2,500 of the payment decided
by the arbitrator.[6]
[6]
Editor's Note: See 53 P.S. § 10510.g.5
(5)
In the event that the disputed fees have been paid and the arbitrator
finds that the disputed fees are unreasonable or excessive by more
than $10,000, the arbitrator shall:[7]
(a)
Award the amount of the fees found to be unreasonable or excessive
to the party that paid the disputed fee; and
(b)
Impose a surcharge of 4% of the amount found as unreasonable
or excessive to be paid to the party that paid the disputed fee.
[7]
Editor's Note: See 53 P.S. § 10510.g.6
[Amended 4-3-2018 by Ord.
No. 2018-1]
Upon approval of a final plan, the developer shall within 90
days after the date an approved plan is signed by the Board of Supervisors
record such plan in the Office of the Recorder of Deeds of Cumberland
County and forthwith return one copy of the plan showing the official
date of recording with the instrument number indicated. If a plan
is not recorded within this time, the approval shall expire.
