A.
Classification of subdivision. Whenever any subdivision of land or
land development is proposed, before any contract is made for the
sale of any part thereof and before any permit for the erection of
a structure in such proposed subdivision or land development shall
be granted, the owner or his authorized agent shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
B.
Official filing date.
(1)
For the purpose of this chapter, the official filing date shall be
the date of the regular meeting of the Planning Commission next following
the date the application and plans are received in the Municipal Building,
provided that, should said regular meeting occur more than 30 days
following the submission of the application, the official filing date
shall be the 30th day following the day the application has been submitted.
(2)
Upon receipt of an application for subdivision or land development
approval, the Township Secretary shall affix to the application both
the date of submittal and the official filing date.
(3)
Columbia County Planning Commission review. All plans shall be submitted
to and reviewed by the Columbia County Planning Commission in accordance
with its then-prevailing rules and regulations. The Township shall
forward to the subdivider a copy of any report of the County Planning
Commission.
A.
All filing, inspection and engineering fees shall be submitted to
the Township.
B.
Plan filing fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to the Township. The Board of Supervisors shall create by resolution
a schedule of fees to be paid by the subdivider or land developer
to defray the cost of administering and processing of plans. The schedule
of fees may be changed from time to time by resolution of the Board
of Supervisors.[1]
[1]
Editor's Note: The current fee schedule is on file in
the administrative offices of the Township.
C.
Inspection and engineering fees.
(1)
The applicant shall pay the appropriate fees as fixed from time to
time by separate resolution of the Board of Supervisors for the following
services:
(a)
Reviewing the plan's engineering details.
(b)
Inspecting the layouts of the site for conformance with the
survey and plan.
(c)
Reviewing the results of the soils tests.
(d)
Preparing cost estimates of required improvements.
(e)
Inspecting required improvements during installation.
(f)
Final inspection on completion of installation of the required
improvements.
(2)
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The engineering fees required to be paid by
this section shall be promptly submitted to the Township by the applicant
upon the submission of bills therefor to the applicant from time to
time by the Board of Supervisors. In the event that the applicant
disputes the amount of any review fees, said dispute shall be decided
in accordance with the Act, Section 503(1)(i) and (ii).[2]
[2]
Editor's Note: See 53 P.S. § 10503(1)(i) and
(ii).
A.
Sketch plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Board of Supervisors. Sketch plans should include those items listed in Article IV, Plan Requirements.
B.
Preliminary plan.
(1)
Submission of preliminary plans.
(a)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. Except as specifically set forth herein,
it is the responsibility of the subdivider or developer to coordinate
his plans with the respective private and public service agencies.
(b)
The application form shall be submitted to the Scott Township Planning Commission and shall be accompanied by the requisite fee as set forth in § 123-8 of this chapter and by not fewer than three copies of all required material and not fewer than nine prints of the preliminary plan of the subdivision or development as required by Township resolution from time to time.
(c)
Upon receipt of an application for preliminary approval, the
Planning Commission shall send copies of the preliminary plan and
application to other offices for their review and report, as follows:
[1]
The Board of Township Supervisors: one copy.
[2]
The Township Engineer: one copy.
[3]
The Columbia County Planning Commission: one copy.
[4]
The Scott Township Authority (optional): one copy.
[5]
The Pennsylvania Department of Environmental Protection (optional):
one copy.
[6]
The Pennsylvania Department of Transportation (optional): one
copy.
[7]
The Columbia County Conservation District: one copy.
(d)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
(2)
Review of preliminary plans.
(a)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the Planning Commission shall submit the plans
to the Pennsylvania Department of Transportation for review. No plat
which will require access to a highway under the jurisdiction of the
Pennsylvania Department of Transportation shall be finally approved
unless the map contains a notice that a highway occupancy permit is
required pursuant to Section 420 of the Act of June 1, 1945, P.L.
1242, No. 428, known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
(b)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and Chapter 135, Zoning.
(c)
The Planning Commission shall act on the preliminary plan within
90 days of the official filing date but in any event shall act on
the plan in time for the Board of Supervisors to render its decision
within 90 days from the official filing date.
[Amended 10-10-1995 by Ord. No. 1-1995]
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications or disapproved
and shall notify the Board of Supervisors, in writing, thereof, including,
if disapproved, a statement of reasons for such action, by means of
the minutes of the meeting or a separate written report.
(b)
In making its recommendation, the Planning Commission shall consider the recommendation of the Township Engineer, Township staff, the Township Sanitary Engineer, the Columbia County Planning Commission, interested residents and the recommendations of any agency or agencies from which a review was requested under Subsection B(1)(c).
(4)
Township Engineer review. All plans shall be reviewed by the Township
Engineer, which shall precede the transmission of such plans to the
Board of Supervisors.
(5)
Resubmission of preliminary plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
(6)
Approval of preliminary plans.
(a)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Board of Supervisors
may hold a hearing thereon after public notice.
(b)
The Board of Supervisors shall notify the applicant of its decision
to approve, approve with conditions or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
disapproved, the Board of Supervisors shall specify in its notice
the conditions which must be met and/or the defects found in the plan
and the requirements which have not been met, including specific reference
to provisions of any statute or ordinance which have not been fulfilled.
(c)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development, the arrangement and approximate dimensions of streets,
lots and other planned features. The approval binds the subdivider
or developer to the general scheme of the subdivision shown, unless
a revised preliminary plan is submitted, and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for guaranty to cover installation of the improvements and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots nor the recording of the preliminary plan.
C.
Final plan.
(1)
Submission of final plans.
(a)
After the subdivider or developer has received official notification
from the Board of Supervisors that the preliminary plan has been approved,
he must submit a final plan in accordance with the provisions of Section
508 of the Municipalities Planning Code[2] and this chapter.
[2]
Editor's Note: See 53 P.S. § 10508.
(b)
The final plan shall conform in all respects to the approved
preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be forwarded by the Township
Engineer to the Planning Commission for review and recommendation
as a preliminary plan.
(d)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 123-8C.
(e)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
a part of the requisite materials accompanying the final plan submission.
(f)
The subdivider or developer shall submit a reproducible original
of the plans, nine prints of the final subdivision or land development
plans, and at least three copies of all other required information.
(g)
Upon receipt of the final plan, the Planning Commission shall
retain the original plans and other materials submitted by the developer
for its review and recommendation and shall forward one copy of the
plan and one copy of all other material to the following agencies:
(2)
Review of final plans.
(a)
The Planning Commission will review the plan and requisite materials
for compliance with the approved preliminary plan and for conformance
with the requirements of this chapter.
(b)
The Planning Commission shall act on the final plan within 90
days of the official filing date of the final plans.
[Amended 10-10-1995 by Ord. No. 1-1995]
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with modifications or disapproved and
shall notify the Board of Supervisors, in writing, thereof, including,
if approved with modifications or disapproved, a statement of reasons
for such action, by means of the minutes of the meeting or other written
statement.
(b)
In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer and staff, the Township Sanitary Engineer, the Columbia County Planning Commission, the Columbia County Conservation District, Pennsylvania Department of Transportation (PennDOT), and the recommendations of any agency or agencies from which a review was requested under Subsection C(1)(g).
(4)
Township Engineer review. All plans shall be reviewed by the Township
Engineer, which approval shall precede the transmission of such plans
to the Board of Supervisors.
(5)
Resubmission of final plans. A revised final plan submitted after
disapproval shall be considered and processed as a new final plan
submission.
(6)
Approval of final plans.
(b)
The Board of Supervisors shall take action within 90 calendar
days from the official filing date of the final plan. Failure to do
so shall be deemed an approval.
(c)
The Board of Supervisors shall notify the applicant, in writing,
of its decision to approve, approve with conditions or disapprove
the final plan. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the final plan is disapproved, the Board
of Supervisors shall specify the defects found in the plan and the
requirements which have not been met, including specific reference
to the provisions of any statute or ordinance which have not been
fulfilled.
(d)
If the final plan is approved subject to conditions, the Board
of Supervisors shall not endorse the plan until all of the conditions
have been met.
(e)
If the Board of Supervisors approves the final plan or grants
a conditional approval, it shall set the amount of bonding or other
security necessary to guarantee the construction of improvements and
community facilities and shall state such amount in the notice to
the applicant.
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan
on stable plastic-base film and no fewer than four prints thereof,
which shall be submitted to the Township not later than 30 days after
approval. These plans, upon satisfaction of all conditions attached
to the approval, will be signed by the Board of Supervisors. A copy
of the signed final plan shall be recorded in the office of the Columbia
County Recorder of Deeds within 90 days after approval of the final
plan, or the approval of the Board of Supervisors shall be null and
void. The final plan must be recorded before proceeding with the sale
of lots or construction of buildings.
(b)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use and to dedicate or
reserve all park reservations and other public areas to public use,
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Board of Supervisors
or Township concerning maintenance of said improvements or acceptance
of dedication of said improvements.
(c)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner and the Township shall assume no responsibility for
improvement or maintenance thereof, which fact shall be noted on the
final plan.
