[Ord. 6-97-429, 6/12/1997, § 6.1]
The purpose of the final plan is to require formal approval by the Board of Commissioners before plans for all major subdivisions and land developments are recorded.
[Ord. 6-97-429, 6/12/1997, § 6.2]
1.
Final Plan Submission Required. A final plan submission for each major subdivision and/or land development must be submitted by the applicant and reviewed in accordance with the provisions of this chapter and any other ordinances and regulations of the Township. The final plan shall be submitted prior to the expiration of the five year protection prior set forth in the MPC and in sufficient time to permit timely completion of the public improvements required under the final plan.
2.
Required Submission.
A.
The applicant shall submit to the Officer at least 25 days prior to a regularly scheduled Planning Commission meeting:
(1)
The required application fee and escrow deposit as set forth in the Township Fee Schedule.
(2)
Fifteen copies of the application form (see Appendix A), and two copies of the final plan checklist (see Appendix B).
(3)
Fifteen copies of the final subdivision and/or land development plan.
(4)
Fifteen copies of all supporting documents.
3.
Initial Actions by the Officer.
A.
The Officer shall review the submission for completeness.
B.
If the Officer determines that the submission is lacking additional sets of plans and supporting documents as may be required in § 22-602, Subsection 2. The applicant shall submit such additional copies of plans and supporting documents to the Officer within five days from the date of such notification that § 22-602, Subsection 2, has not been met. A submission will not be accepted and plans will not be processed until § 22-602, Subsection 2, is met.
C.
The Officer shall retain in the Township files one copy of the application form, final plan checklist, final subdivision plan and a set of supporting documents.
D.
After the Officer determination that the submission requirements of § 22-602, Subsection 2A, have been met, he/she shall forward copies of the plan and supporting documents to the following agencies and persons to review:
Agency or Person to Receive Copy of Plan | Copies of Plan | Copies Supportive Documents |
|---|---|---|
Each Planning Commission Member | 1 | 1 |
Planning Commission Solicitor | 1 | 1 |
Township Engineer | 2 | 2 |
Township Sewage Enforcement Officer | 1* | 1* |
Pa. Dept. of Transportation | 1* | 1* |
Township Police Department | 1* | 1* |
Township Fire Department | 1* | 1* |
Township Recreation Commission | 1* | 1* |
* | If applicable or appropriate |
E.
The applicant is required to make a formal submission to the County Planning Commission and the County Conservation District. The Officer will not forward the plan and supporting documents to these agencies, but will notify these agencies in writing that a submission has been made to the Township and that comments should be forwarded to the Township office within 30 days.
F.
The Officer shall forward to the Township Planning Commission, at least five days prior to the next regularly scheduled meeting of the Township Planning Commission, a copy of the application form, final subdivision plan and supporting documents.
4.
Review by Township Engineer and SEO.
A.
The Officer shall forward the plan to the Township Engineer and SEO, if applicable, for review. The Township Engineer and SEO, if applicable, shall prepare their reports and recommendations on the engineering and technical aspects of the plan for submission to the Township Planning Commission.
B.
The Township Engineer and the SEO may make additional reports and recommendations to the Township Planning Commission at any time during the review of the plan.
5.
Planning Commission Review for Completeness. Based upon the review of the plan by the Township Engineer and/or the Officer against the plan checklist, the Planning Commission shall have the authority to determine whether a submission is significantly incomplete. If the submission is determined by the Commission to be significantly incomplete, the plan shall be considered to have not been officially accepted by the Township. In such case, the filing and review fees shall be returned to the applicant, along with any escrow deposits minus the cost of Township legal and engineering reviews up to that point in time. If the Commission does not make a motion on the matter, then the submittal shall be considered to be accepted. A reviews up to that point in time. If the Commission does not make a motion on the matter, then the submittal shall be considered to be accepted. A determination that a plan is significantly incomplete shall occur at a meeting of the Planning Commission within 30 days after a duly filed submittal. If a plan is not accepted, no further action is required by the Township and no deemed approval shall occur.
6.
Review by the Township Planning Commission. The Township Planning Commission shall review and recommend approval, conditional approval or denial of the final subdivision and/or land development plan submitted to the Township as hereinafter set forth. Within the time required by the MPC (unless the applicant grants a written extension of time for the Township review process, and the Township Board of Commissioners agrees to the extension), the Planning Commission shall:
B.
Determine whether the plan meets the objectives and requirements of this chapter and any other applicable ordinances, statutes and regulations.
C.
Review the plan with the applicant, his agent or representative and recommend any needed revisions so that the submissions will conform to this chapter.
D.
Recommend approval, conditional approval or denial of the plan within the time limits and in the manner specified in the MPC.
7.
Recommendation by the Township Planning Commission.
A.
The recommendation of the Township Planning Commission shall be in writing and shall be communicated to the applicant, not later than 15 days following the date of the recommendation, by mailing a copy of the recommendation to the applicant at his last known address.
B.
In the event the plan is recommended for disapproval, the decision shall specify the defects found in the plan, shall describe the requirements which have not been met and shall cite the provisions of the ordinance or other applicable statute or ordinance relied upon which has not been satisfied or complied with by the applicant.
C.
Failure of the Township Planning Commission to make a recommendation and communicate it to the applicant within the time and manner required by the MPC shall be deemed a recommendation for approval of the plan as presented unless the applicant has agreed, in writing, to an extension of time or a change in the predescribed manner for communication of the decision.
8.
Review by the Board of Commissioners.
A.
The applicant shall submit 10 copies of the final plan and all supporting documents to the Township Planning and Zoning Office at least 21 days prior to a regularly scheduled Board of Commissioners meeting.
B.
The Township Commissioners shall review the final plan, the written reports and recommendations of the Township Planning Commission, the County Planning Commission, the Township Engineer and any other applicable reports. The Board of Commissioners may require such changes and modifications as they shall deem necessary or advisable in the public interest.
C.
The Board of Commissioners shall, within the time required by law, unless such time shall be extended with the approval of the applicant, render its final decision by approving, approving with conditions or rejecting the final plan.
9.
Decision by the Board of Commissioners.
A.
The decision of the Board of Commissioners shall be in writing and shall be communicated to the applicant not later than 15 days following the date of the decision, by mailing a copy of the decision to the applicant at his last known address.
B.
_____
(1)
The approval of the final plan by the Board of Commissioners shall not constitute an acceptance of the dedication of any street or other proposed public way, space or area shown on the final plan.
(2)
If the Board of Commissioners elects to accept lands offered for dedication, the applicant shall provide the Township:
(a)
A legal description of the area to be dedicated.
(b)
An attorney's opinion of record title or a title insurance policy issued by a reputable title insurance company authorized to transact business within the Commonwealth of Pennsylvania deemed acceptable to the Township and issued in an amount deemed reasonable by and acceptable to the Township. Such documents shall state that the title is in fee simple, and that title is good, free and unencumbered. Any title insurance policy premium shall be paid by the applicant.
C.
When the final plan submission is disapproved, the decision shall specify the defects found in the submission, shall describe the requirements which have not been met, and shall cite the provisions of this chapter or other applicable statute or ordinance relied upon in each case.
D.
Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner specified in the MPC shall be deemed an approval of the plan as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of communication of the decision.
[Ord. 6-97-429, 6/12/1997, § 6.3]
1.
All final plan submittals shall include all of the information that was required at the time of preliminary plan submittal (see § 22-503), the additional information listed below in this § 22-603, and any other applicable provisions of this chapter. If specific technical supporting documents, such as stormwater calculations, are identical to those submitted at the preliminary stage, the Township may waive the requirement to submit additional copies of those items.
2.
Additional Final Plan Requirements.
A.
A property survey shall have been performed of the boundary of the entire tract, and evidence of such survey shall be presented.
C.
Required Plan Notations. The following wording shall be required to be placed as notes on any final subdivision or land development plan, as applicable:
(1)
A highway occupancy permit approved by PennDOT, or evidence of the submission of an application to PennDOT, for access to any adjoining state highway. A note shall be placed on the plan which states that Highway Occupancy Permit is required pursuant to § 420 of the Act of June 1, 1945, P.L. 1242, No. 428, known as the "State Highway Law," before driveway access to a state highway is permitted.
(2)
Wells and sewage disposal systems shall be constructed in accordance with standards of the Township and the Pennsylvania Department of Environmental Protection.
(3)
Individual owners of lots must receive approval from the Township Sewage Enforcement Officer for a sewage permit prior to undertaking the construction of an on-lot sewage disposal system or a building that will need to be served by such a system.
(4)
The Planning Commission and Board of Commissioners have not passed upon the feasibility of any individual lot or location without a lot being able to sustain any type of well or sewage disposal system.
(5)
A note specifying the required monetary contribution for recreation purposes, if a monetary contribution in lieu of open space is being provided.
(6)
A note specifying that open space area(s), detention pond(s), street(s), additional rights-of-way and any other areas being offered for dedication to Township.
(7)
A note specifying any waivers granted by the Board of Commissioners from any sections of the subdivision and land development ordinance.
[Ord. 6-97-429, 6/12/1997, § 6.4]
1.
Deed Restrictions. The following supportive documents and information shall accompany the final plan submission.
A.
All deed restrictions imposed as a condition of plan approval by the Township shall be referenced both in the deed of conveyance and as a note on the plan.
B.
The Board of Commissioners may require the inclusion of any specific restrictive covenants which will carry out the purpose of this chapter.
2.
Nondedicated (Private) Streets and Open Space Agreements. An agreement for any street or common open space area not offered for dedication shall state who is responsible for the improvement and maintenance of such streets and/or common space areas. In the event a condominium or homeowners association is to be responsible for said streets, or common open space, the developer shall remain responsible until such association is legally organized and operational.
3.
Utilities Agreements and Permits.
A.
All signed agreements or contracts with utility companies, water companies or authorities or sewage companies or authorities for the provision of services to the subdivision.
B.
Approval letters from all appropriate federal and state agencies of any private centralized water supply system or sewage disposal system.
4.
Storm Drainage Calculations. All calculations prepared by a registered professional engineer relating to facilities appearing on the grading and storm drainage plan shall be submitted for review by the Township Engineer. (See Appendix D.)
5.
Development Statement and Schedule. A statement setting forth in detail the character of the improvements the applicant proposes to make on the property to be developed and a development schedule indicating the approximate date when construction can be expected to begin and to be completed.
6.
Legal Description. Legal descriptions of roadways, additional rights-of-way, detention ponds, recreational/open space areas and easements to be dedicated to the Township.
7.
Highway Occupancy Permit. A highway occupancy permit shall be submitted for work to be undertaken in any PennDOT right-of-way.
8.
Public Improvements. Forms provided by the Township Engineer delineating the amount of all public improvements.