Township of Wilkins, PA Article III Procedures

§ 385-11 General procedures.

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. Preapplication consultation. Prior to filing an application for approval of a subdivision or land development within the Township, the owner or his authorized agent shall meet with the Township Engineer for an official classification of his proposed subdivision or land development. The Township Engineer shall determine whether the proposal shall be classified as a minor subdivision, a major subdivision or a land development. At this time, the Township Engineer shall advise the owner or his authorized agent as to which of the procedures contained herein must be followed.

C. 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 office of the Township Secretary, 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 or the Secretary's designated agent shall affix to the application the official filing date.

D. County Planning Commission review. All plans shall be submitted to and reviewed by the 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. The Township Secretary shall mail a copy of the preliminary plan to the County Planning Commission forthwith upon filing by a developer.

§ 385-12 Fee schedule.

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 Commissioners 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 Commissioners.[1]

[1] Editor's Note: The current fee resolution is on file in the office of the Township Secretary.

C. Review fees. Review fees shall include the reasonable and necessary charges by the Township's professional consultants or engineer for review and report to the Township and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultant 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 100 days of the date of billing, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.

(2) 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) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision within 60 days.

(4) 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) 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.

D. 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 Commissioners.

§ 385-13 Minor subdivision procedure.

A. Minor subdivision plans shall be initiated and submitted for review in the form of a final plan as specified in § 385-17 and shall be otherwise reviewed in accordance with the procedures and standards of § 385-14, provided that final approval of minor subdivisions shall be made by the Planning Commission.

B. Additional subdivision. Any additional subdivision of a tract from which a minor subdivision has already been formed shall be deemed to be a major subdivision and shall follow the procedure applying thereto.

§ 385-14 Major subdivision and land development procedure.

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 Commissioners. 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. 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 accompanied by the requisite fee as set forth in § 385-12 of this chapter and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by Township resolution from time to time.

(c) The Township Engineer shall forward one copy of the preliminary plan prints and one copy of the required material to the County Planning Commission and such other agencies as he/she deems appropriate for review and comment.

(d) The Engineer shall forward the remaining copies of the preliminary plan prints and required materials to the Planning Commission.

(e) 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 developer shall submit the plans to the Pennsylvania Department of Transportation for review.

(b) The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and Chapter 450, Zoning.

(c) The Planning Commission shall act on the preliminary plan within 60 days of the official filing date but in any event shall act on the plan in time for the Board of Commissioners to render its decision within 90 days from the official filing date. In the event that any variance from this chapter is requested by the applicant or is deemed necessary for approval, the variance and the reasons for its necessity shall be entered into the records of the Board of Commissioners.

(d) The Planning Commission shall act on minor subdivisions pursuant to Section 508 of the Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10508.

(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 Commissioners, in writing, thereof, including, if disapproved, a statement of reasons for such action.

(b) In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer, Township staff, the County Planning Commission, interested residents and the recommendations of any agency or agencies from which a review was requested under Subsection B(1)(c) of this section.

(4) Engineer review. All plans shall be reviewed by the Township Engineer, which review shall precede the transmission of such plans to the Board of Commissioners.

(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 Commissioners 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 Commissioners may hold a hearing thereon after public notice.

(b) The Board of Commissioners 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/her at his last known address not later than 15 days following the decision. If the plan is approved with conditions acceptable to the developer and accepted by him/her, in writing, or disapproved, the Board of Commissioners 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 Commissioners that the preliminary plan has been approved, he/she must submit a final plan in accordance with the provisions of Section 508 of the Municipalities Planning Code.[2]

[2] Editor's Note: See 53 P.S. § 10508.

(b) The final plan shall conform in all respects with 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.

(c) The subdivider or developer must submit with the final plan a guaranty for the installation of improvements which meets the requirements of Article VI.

(d) The application form shall be accompanied by the requisite inspection and engineering fees in accordance with Section 510 of the Municipalities Planning Code.[3]

[3] Editor's Note: See 53 P.S. § 10510.

(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 Engineer shall forward the original plans and five copies of the plans and one copy of all the other material to the Planning Commission for review and recommendation, one copy of the plan and one copy of all other material to the County Conservation District for review and comments, one copy of the plan and one of all other material to the County Planning Commission and copies to such other agencies whose recommendations would be pertinent to the processing of the plan.

(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 to the requirements of this chapter.

(b) The Planning Commission shall act on the final plan within 60 days of the official filing date.

(c) The Planning Commission shall act on minor subdivisions pursuant to Section 508 of the Municipalities Planning Code.[4]

[4] Editor's Note: See 53 P.S. § 10508.

(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 Commissioners, in writing, thereof, including, if approved with modifications or disapproved, a statement of reasons for such action.

(b) In making its recommendation, the Planning Commission shall consider the comments of the Engineer, the County Planning Commission, the County Conservation District, the 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 Commissioners.

(5) Resubmission of final plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.

(6) Approval of final plans.

(a) The Board of Commissioners will not take official action to approve a final plan unless it is accompanied by a guaranty for the installation of improvements which meet the requirements of Article VI.

(b) The Board of Commissioners 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 Commissioners shall notify the applicant, in writing, of its decision to approve, approve with conditions acceptable to the developer and accepted by him/her, in writing, or disapprove the final plan. Such notice shall be given to the applicant in person or mailed to him/her at his last known address not later than 15 days following the decision. If the final plan is disapproved, the Board of Commissioners 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 Commissioners shall not endorse the plan until all of the conditions have been met.

(e) If the Board of Commissioners 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 less 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 Commissioners or, in the case of minor subdivisions, by the Planning Commission. A copy of the signed final plan shall be recorded in the office of the County Recorder of Deeds within 90 days after approval of the final plan. 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 Commissioners or Township concerning maintenance or improvements by ordinance or resolution.

(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.