Middle Smithfield Township shall keep records of all subdivisions/land
developments and the actions taken as follows:
A. Planning Commission records. The Planning Commission shall keep a
record of all plans, review reports and recommendations made relative
to all subdivision and land development plans that are submitted to
it for review and recommendations. All such records shall be made
available for public inspection during normal Township office hours,
upon request.
B. Board of Supervisors records. The Board of Supervisors shall keep
a record of all plans and the action taken relative to all subdivision
and land development plans that are submitted to it for its review
and action. All such records shall be made available for public inspection
during normal Township office hours, upon request.
C. Revisions and resubdivisions. Any revision or resubdivision of an
approved and/or recorded subdivision plan or an approved and/or recorded
land development plan shall be considered a new subdivision or land
development plan and shall comply with the following as well as all
regulations of this chapter.
(1)
Lot lines may be changed from those shown on an approved and/or
recorded subdivision/land development plan, provided that in making
such changes, no lot or tract of land shall be created that is smaller
than the minimum dimensions required by the Zoning Ordinance, except when the lot density of the subject plan is decreased
or the lot or tract is inseparably attached to adjacent lands.
(2)
In every case wherein lot lines are changed as permitted above,
the subdivider shall prepare a new record plan and shall submit the
plan to the Township for recommendations by the Planning Commission
and approvals and endorsement by the Board of Supervisors.
(3)
When the new plan has changes affecting an entire recorded plan,
the plan shall contain the following notation: "This plan supersedes
a plan of (plan name) as recorded on (recording date) in map file
(file no.)."
(4)
When the new plan changes only a portion of the recorded plan,
the plan shall contain the following notation: "This plan supersedes
that portion of a plan of (plan name) as recorded on (recording date)
in map file (file no.) pertaining to (lot designations)."
(5)
A resubmission to correct erroneous data or omissions on an
approved and/or recorded plan shall not be construed to be a revision
or resubdivision.
(6)
The subdivider or developer shall record the new plan in accordance
with this chapter.
The provisions of these regulations are intended as minimum
standards for the protection of the public health, safety and welfare
of the residents of the Township as well as to protect and preserve
or enhance the natural environment. The Board of Supervisors may,
based upon specific site conditions or specific characteristics of
the proposed subdivision or land development, modify one or more specific
requirements in individual cases as may be necessary or advisable
in the public interest. However, those such modifications or additions
shall not have the effect of nullifying the intent and purpose of
these regulations. The Board of Supervisors may also modify a specific
requirement of this chapter upon request to promote use of solar energy
or to result in an adjustment that will reduce impacts upon the environment
without harming public safety.
A. Modifications. After allowing the Planning Commission an opportunity
to make a recommendation, the Board of Supervisors may grant modifications
subject to such conditions which will, in its judgment, secure substantially
the objectives of the standards and/or requirements so modified.
(1)
All modifications shall be requested using the form in the Appendix
D-8.
(2)
The recommendations of the Planning Commission and the action
of the Board of Supervisors shall be entered on the request form and
distributed as follows:
(a)
A copy of the modification request form with the recommendations
and actions listed shall be forwarded to the Planning Commission.
(b)
A copy of the modification request form with the recommendations
and actions listed shall be retained in the files of the Board of
Supervisors.
(c)
A copy of the modification request form with the recommendations
and actions listed shall be communicated to the applicant or the applicant(s)
representative.
B. Conditions.
(1)
The Board of Supervisors may establish reasonable conditions
on a proposed SALDO modification. If the applicant does not accept
such conditions, the request for a modification shall be considered
to be denied.
The Board of Supervisors may, from time to time, amend these
regulations, subject to the procedures and requirements of the MPC, and other applicable state law.
All appeals and challenges to these regulations shall conform
to the requirements and procedures as outlined in the MPC, as amended.
The Board of Supervisors shall establish, by resolution, and
may revise from time to time, as deemed necessary, a schedule of fees
to be paid by the applicant at the time of filing the subject plan.
However, the recreation fee shall be established and revised by ordinance
to comply with the MPC.
A. Posting of the fee schedule. The schedule of fees shall be available
in the Township Building, or in such other places as the Board of
Supervisors may designate, and shall be available upon request. An
escrow account shall also be required to be funded by the applicant
to cover professional review fees.
B. Release of plans for recording. No plans shall be released for recording
unless all fees and charges have been paid in full. In the event that
the applicant is required to pay additional fees, such fees shall
be collected by the Township Secretary prior to the release of any
plan for recording.
C. Fee refunds. There shall be no refund or credit of any portion of
the fees or charges, except for unused portions of professional service
escrow accounts.
No lot in a subdivision or lot or unit in a land development shall be sold or conveyed until all required improvements have been either constructed and approved or guaranteed by bonding or other security acceptable to the Board of Supervisors and the plan has been approved and recorded as provided in this chapter. See also §
170-5B.
The subdivider and/or developer shall be responsible for observing
the procedures established by these regulations and for submitting
all plans, documents and data as may be required.
A. Written notification. Where written notification is required by these
regulations. Verbal notification shall not be binding on either the
Township or the applicant.
B. Additional data. When the Planning Commission and/or the Board of
Supervisors require additional data or other information or documents
pertaining to the submitted plan, it shall be the responsibility of
the applicant to promptly furnish all items requested. If the items
are not furnished within a timely manner, the Township may determine
that the submission is incomplete and may reject the application.