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.
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.
(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.
[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.