[Amended 11-19-2012 by Ord. No. 2012-04]
A. Final plan submission.
(1) Within 12 months of receiving approval or approval with conditions
of a preliminary plan, the applicant shall submit, in hard copy form,
to the Township Secretary eight complete copies of the final plan
and all supplementary data as required within this chapter at least
15 business days prior to the regularly scheduled monthly meeting
of the Union Township Planning Commission. In addition, the same final
plan and supplementary data shall be submitted electronically in PDF
format via email to the Township Secretary. Where the twelve-month
deadline for submission has been specifically made a condition of
preliminary approval and noted on the plan, failure to file a final
plan within 12 months or failure to enter into a written extension
of time to file a final plan, shall be deemed a default and violation
of preliminary plan approval, and the applicant will no longer be
entitled to protection from the application of new or amended zoning,
subdivision or other governing ordinance provisions, but instead will
be subject to any and all changes to the ordinances.
[Amended 10-17-2022 by Ord. No. 2022-04]
(2) The submissions made to the Township Secretary will be accepted for
review by the Township only at the regularly scheduled monthly meeting
of the Union Township Planning Commission.
(3) All submissions shall be accompanied by the proper application forms,
letter(s) of transmittal, and review fees as determined by the Township.
(4) The applicant shall be responsible for submitting and distributing
the proposed plan to the Berks County Soil Conservation District,
and all non-Township pertinent reviewing bodies, as specified by this
chapter or required by law. The Township shall be copied on any such
submissions.
(5) The applicant shall submit and distribute the proposed plan to any
required governmental authorities for their review and comment. The
Township shall be copied on all of the applicant's submittals and
all correspondence to and from outside agencies. Further, the applicant
shall be required to advise the Township on the status of any pending
outside agency application/permits.
[Amended 10-17-2022 by Ord. No. 2022-04]
(6) At the discretion of the Township, additional copies of the proposed
final plan may be requested from the applicant for review and comment.
B. Final plan review.
(1) The Township Engineer and Solicitor shall review the proposed final plan to determine its conformance to Chapter
200, Zoning, and this chapter. The Township Engineer and Solicitor may recommend changes, alterations or modifications, as they may deem necessary. The reports of the Township Engineer shall be in writing and shall be submitted to the Union Township Planning Commission prior to the regularly scheduled or special meeting at which the final plan is to be considered by the Township Planning Commission. The Township Solicitor may make recommendations concerning changes, alterations or modifications to the Planning Commission prior to or at the regularly scheduled or special Planning Commission meeting.
(2) The Township Zoning. Officer shall review the final plan to determine its conformance to Chapter
200, Zoning. The Zoning Officer shall check all zoning data to determine if the information shown on the proposed final plan is in accordance with the latest amendments to Chapter
200, Zoning. The report from the Township Zoning Officer shall be in writing and shall be submitted to the Union Township Planning Commission prior to the scheduled meeting at which the final plan is to be considered by the Township Planning Commission.
(3) When a final plan has been officially accepted for review by the
Township, the applicant shall provide the Township two complete copies
of the proposed plan and appropriate application form and County review
fee for the Township to forward to the Berks County Planning Commission
for its review and comment. Failure of the Berks County Planning Commission
to act within 30 days shall constitute a waiver of its right to review
the plan as submitted, and the Township may officially act on the
basis of such a waiver.
[Amended 10-17-2022 by Ord. No. 2022-04]
(4) When a final plan has been officially accepted for review by the
Township, such plan shall be reviewed by the Union Township Planning
Commission at its next regularly scheduled meeting. During the review
of the final plan, the Township Planning Commission shall consider
the written reports, if any, of the Township Engineer, Township Solicitor,
Township Zoning Officer, the Berks County Planning Commission, and
other designated agencies or authorities, before rendering its final
decision on the proposed final plan.
(5) The plan shall be submitted to the Township Park and Recreation Board
for their review and comment on issues of land dedication and/or fee-in-lieu,
as well as general recreation issues. The Park and Recreation Boards
comments should be submitted in writing to the Township Planning Commission.
(6) When public water or sewer service is proposed for the subdivision
or land development, the plan shall be submitted to the Union Township
Municipal Authority (UTMA) for their review and approval. The Authority's
comments shall be submitted in writing to the Township Planning Commission.
UTMA approval of the proposed plans will be required prior to municipal
approval of the final plans.
(7) When a particular subdivision or land development involves the review
of the Township Park and Recreation Board, the Environmental Advisory
Committee and/or the Union Township Municipal Authority, it shall
be the applicant's responsibility to secure written reviews/approvals
from these Boards prior to Township approval of the final plan.
(8) Upon completion of its review, the Planning Commission shall promptly
submit its recommendations to the Union Township Board of Supervisors
for its consideration. This recommendation shall be forwarded to the
Board of Supervisors within 90 days from the date the final plan was
officially accepted for review by the Township.
(9) During the course of the Planning Commission's review of the final
plan and prior to any action by the Board of Supervisors within the
required ninety-day period, the proposed final plan may be revised
by the applicant. Upon the submission of a revised plan, containing
substantial or material revisions, a new ninety-day time period for
formal review and notification shall commence from the date of submission
of the revised plan, unless another time period for the review of
the plans is agreed upon by the parties. The revised plans shall be
submitted to the Planning Commission not later than 15 days prior
to a regularly scheduled meeting of the Planning Commission. Typically
a total of five plan sets would be required for any submission of
revised plans unless additional copies are required by the Township.
In addition to the hard copy revised plan sets, the applicant shall
submit the revised plan sets electronically in PDF format.
[Amended 10-17-2022 by Ord. No. 2022-04]
C. Final plan approval.
(1) Following review of the proposed final plan and the accompanying
data by the Township Engineer, Township Solicitor, Township Planning
Commission, and the Berks County Planning Commission, the Board of
Supervisors shall approve, approve with conditions or reject the final
plan.
(2) Any conditions for approval must be clearly stated in writing. If
the plan is rejected, the Board shall specify the reasons for rejection,
including citation of, or reference to, the pertinent sections of
this chapter and other Township ordinances. Copies of the statement
shall be forwarded to the applicant and all concerned parties no more
than 15 days following the decision.
(3) The decision of the Board of Supervisors shall be rendered no later
than 90 days after the date of the regular Planning Commission meeting
next following the date upon which the applicant has made a complete
submission to the Township Secretary. However, if the next regular
meeting of the Planning Commission is more than 30 days after the
submission date, the first day of the ninety-day review period shall
commence on the 30th day after a complete submission has been given
by the applicant. This review period may be extended by the applicant,
subject to acceptance by the Township. A sample form to be used for
a time extension grant is provided in the Appendix to this chapter.
(4) All pertinent agreements, contracts, fees and contributions shall
be satisfactorily completed, paid and/or executed by the applicant
prior to municipal approval. Failure to comply will delay municipal
approval and the release of plans for recording.
(5) An electronic copy of the plan shall be provided to the Township
Engineer in PDF and CAD format and shall also be provided to the Township
Secretary in PDF format.
[Amended 10-17-2022 by Ord. No. 2022-04]
(6) Upon satisfaction of all requirements, the signed and sealed plans
will be endorsed by the Township for filing with the County Planning
Commission and recording with the Berks County Recorder of Deeds.
[Amended 10-17-2022 by Ord. No. 2022-04]
(7) Upon final approval of a residential development, the Township shall
notify in writing the Superintendent of the Daniel Boone School District
of the plan approval. The notice is to be provided on a monthly basis
for all plans approved during the previous month. The notice shall
include, but not be limited to, the location of the development, the
number and type of units to be included in the development, and the
expected construction schedule of the development.
[Amended 11-19-2012 by Ord. No. 2012-04]
A. Annexation plans.
(1) Where the sole purpose of the proposed plan is to annex a lot or
parcel to an adjacent lot or parcel, the applicant may submit a final
plan to the Township Planning Commission for review, comment and approval.
(2) The proposed plan shall indicate that the purpose of the plan is
for annexation purposes only. No new building lots are proposed as
a result of this plan.
(3) The final plan shall be submitted and reviewed in accordance with §§
172-13 and
172-23 of this chapter.
(4) Annexation plans shall include a signature block for both the property
owner of the land to be subdivided as well as for the owner of the
property receiving the annexation parcel.
B. Minor subdivisions.
(1) Where the sole purpose of the proposed plan is to create no more
than three residential parcels, lots, tracts, or dwelling units on
land from the original tract of land and has adequate frontage on
an improved public road, the applicant may submit a final plan to
the Township for review, comment and action.
(2) The final plan shall be submitted and reviewed in accordance with §§
172-13 and
172-23 of this chapter.
C. Revised plan of record. Any revision, re-platting or resubdivision
of land which includes changes to a recorded plan shall be considered
a subdivision and shall comply with all regulations within this chapter,
except that:
(1) Lot lines may be changed from those on a recorded plan, provided
that in making such changes:
(a)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter
200, Zoning.
(b)
Easements or rights-of-way shall not be changed.
(c)
Street locations and block sizes shall not be changed.
(d)
No lot shall be created which does not abut an existing or proposed
street.
(e)
Open space and recreational areas shall not be reduced.
(2) In every case wherein lot lines are changed as permitted above, the
applicant shall:
(a)
Prepare and submit a revised plan of record to the Township for review and approval. The final plan shall be prepared in accordance with §§
172-13 and
172-23 of this chapter.
(b)
The revised plan of record shall specifically identify the previous
plan of record superseded and shall also contain the record references.
(c)
After the revised plan of record has been approved by the Township,
the Township shall then record the new plan in accordance with this
chapter.
D. The exemption of the above annexation plans, minor subdivision plans, and revised plans of record from certain standard procedures regarding the filing of plans shall not exempt those plans from compliance with the property posting and notification requirements as set forth in §
172-12A(8) and
(9), with all such requirements for posting and notification continuing to be required.
[Added 7-18-2016 by Ord.
No. 2016-04]
Unless specifically stated within this chapter, a "land development
plan" shall comply with the standard review procedures of this chapter.
[Amended 11-19-2012 by Ord. No. 2012-04]
A. After the completion of the procedures required within this chapter,
the Union Township Planning Commission shall place its endorsements
on 10 copies of the plan which is to be recorded. The plans shall
be dated and signed by the Chairman of the Planning Commission.
B. After the completion of the procedures required within this chapter,
the Union Township Board of Supervisors shall place its endorsements
on 10 copies of the plan which is to be recorded. The plans shall
be dated, sealed and signed by at least a majority of the Township
Supervisors.
C. No changes, erasures, modifications or revisions shall be made to
any subdivision or land development plan after the plan has been endorsed
by the Township, unless the plan has been resubmitted to the Township
for review as required within this chapter.
D. The Township shall not endorse the plan until all conditions of plan
approval are met. After the plan has been properly endorsed by the
Township, the applicant shall submit the plans to the Berks County
Planning Commission for its endorsement. No plan may be legally recorded
unless it has been properly endorsed by the Township and the Berks
County Planning Commission.
E. After the plan has been properly endorsed by the Township and the
Berks County Planning Commission, the Berks County Planning Commission
shall cause the approved plans to be recorded with the Berks County
Recorder of Deeds, with the delivery of the plans to the Berks County
Planning Commission to occur within 90 days of the date the plan was
endorsed by the Township. In the case of a final plan approved with
conditions by the Board of Supervisors, the ninety-day time period
shall commence upon satisfaction of the conditions. The date on which
all conditions of approval have been satisfied shall then be noted
on the title sheet of the final plan as provided for under the signature
block of the Supervisors, with the Chairman of the Board of Supervisors
endorsing the notation. The cost incurred for the recording of the
plan shall be an expense of the applicant or developer. The applicant
or developer shall coordinate with the Township Manager the delivery
by both of them of the plan sets to the County Planning Commission
for recording. The Manager's time along with mileage and parking costs
associated with the Manager's participation in the submission of the
plans shall be an expense reimbursed by the applicant or developer
to the Township.
[Amended 10-17-2022 by Ord. No. 2022-04]
F. After the plan has been recorded, the Township shall retain four
(five if the UTMA is involved for public sewer and/or water service)
certified copies of the recorded plan. Any remaining additional certified
copies will be provided to the applicant.
Decisions of the Union Township Board of Supervisors may be
appealed in accordance with the Pennsylvania Municipalities Planning
Code (Act 247, as amended).