The purpose of this section is to set forth the procedures for
the submission, processing, and approval of major subdivisions, minor
subdivisions, mobile home parks, and minor or major land developments.
Generally, the processing of these developments will follow similar
steps, although the details on the specific information, drawing scale,
and other details may vary. Determination of application type shall
be made by the Township, based upon consistency with Table 370-12
and the definitions of this chapter and the MPC. For general information,
the following is provided:
A.
Replat. A "lot line revision" is the adjustment of one or more lot
lines between two or more adjacent parcels and which does not result
in the creation of any new lot. Replats shall be considered minor
subdivisions, and may be considered for final plan approval.
B.
Minor subdivisions and minor land developments. Qualifying minor subdivisions and land developments may submit a final plan only. Generally, these involve small developments along existing roads, changes of lot lines between adjoining properties and smaller land developments. To qualify as such, no extension of utilities or new roads may be involved except for extensions of approved private driveways for right-of-way access. A one-step process may be permitted starting with a combined preliminary and final plan. Minor subdivisions, lot line revisions, and minor land developments are also defined in Article II. All plans must be recorded or the approval is voided. Consideration as a minor subdivision shall not include a subdivision or resubdivision of any lot, tract, parcel, site, or other division of land or portion thereof that had received previous approval as a subdivision within 10 years prior to the submission of the application, where the cumulative effect of combining said current and prior subdivisions would result in a subdivision not meeting the criteria of this section. If such prior approval has taken place, all applications shall be considered a single application for purposes of classification.
C.
Major subdivisions and land developments (excluding minor land developments)
involve a two-stage process, using a preliminary and final plan. The
purpose of the preliminary plan is to set forth the proposed development
in detail. This allows for a comprehensive review of the proposed
development to acquaint the developer with any requirements that may
have been missed. The final plan is the document to be officially
recorded. If any deficiencies have been corrected, the final plan
can be approved. After approval, the developer has 90 days to record
the plan. All plans must be recorded or the approval is voided. Under
no circumstances shall submittal of a final plan be accepted until
a preliminary plan is approved. The Township will not accept combined
final/preliminary plans for major subdivisions or major land developments.
Table 370-12
| |
---|---|
Land Development Type
|
Definition
|
Replat
|
Transfer of land between adjacent lots where no new building
lot is created, including the erasure of any lot line where fewer
lots are the result
|
Minor subdivision
|
Creation of no more than 4 lots, including residual, when not
requiring new public streets or public water or sewer extension
|
Major subdivision
|
Creation of more than 4 lots; or any subdivision requiring a
new public street or public water or sewer extension
|
Minor land development
|
New construction of no greater than 20,000 square feet gross
floor area or earth disturbance area of 2 acres or less, and does
not entail the conversion of a single-family dwelling into 2 or more
dwelling units
|
Major land development
|
New construction of greater than 20,000 square feet gross floor
area or earth disturbance area of 2 acres or more
|
A.
A sketch plan/presubmission conference is not required; however,
it is strongly recommended. The purpose is to acquaint the developer
with the requirements of this chapter and to avoid unneeded processing
or incorrectly prepared plats. Applicants who do not attend a planning
commission meeting and submit a sketch plan may expect at least 60
days of planning commission review time. This step is also recommended
for minor subdivisions, though the developer or the developer's surveyor
should understand the requirements of this chapter. Though no set
format is required, such plans should be adequate to show the primary
elements of the proposed development.
B.
All preapplication conferences shall be scheduled with the Township
staff. The request for a preapplication conference with the Planning
Commission shall be received and accepted by the Township staff at
least 15 days prior to the date of the next regularly scheduled Planning
Commission workshop meeting.
C.
The submission of a preapplication conference request and any plans,
documents, or information related thereto that are presented at the
conference shall not be deemed by the Township to be the submission
or filing of an application for subdivision or land development approval
with the Township, nor shall it be the start of any statutorily prescribed
Township review period. The preapplication conference shall not protect
the application from subsequent amendments to any applicable Township
ordinance provision made prior to the date of the filing of a complete
application. The preapplication conferences are intended to be advisory
only and shall not bind the Township to take any action on any application
subsequently submitted.
Preliminary plans are required of all major subdivisions, mobile
home parks, and major land developments. Preliminary plan approval
shall precede submission of a final plan. Lot line revisions or minor
subdivision and land developments may submit a combined preliminary/final
plan document. Under no circumstances shall a combined preliminary/final
plan be accepted for major subdivisions or land developments.
All plans must be submitted at least 28 calendar days prior
to the date of the next regularly scheduled meeting of the Township
Planning Commission. The developer is strongly encouraged to attend
the Planning Commission meeting at which time the application is to
be considered. Nonattendance could result in time delays.
[Amended 3-2-2021 by Ord. No. 2-2021]
The Township requires a submission of three full-size print copies, seven 8.5 inches by 11 inches sized paper copies, and an electronic PDF file. Article IV details the required size, scale, and type of submission. The Township may develop and include a formal application, which shall accompany all submissions. All final approved plans for recording shall submit at least two full size plans on permanent media, such as Mylar. If the developer wishes a permanent copy, an additional permanent media plan should be submitted for local acceptance.
All plans, exhibits, applications and correspondence shall be
directed to the Subdivision Administrator, who shall be selected by
the Township. The Board of Supervisors may also appoint a Deputy Subdivision
Administrator who may serve in that capacity in the Subdivision Administrator's
absence for any reason. The Subdivision Administrator or Deputy is
also responsible for all communications to the developer, including
notices of approval, disapproval, and conditional approval.
The Subdivision Administrator shall receive submissions, provided
the required submission includes the appropriate number of plan copies,
all fees are paid, and the plan is submitted at least 28 days before
the Planning Commission meeting. Within 10 business days of receipt,
the Administrator, or another person so appointed by the Township,
shall review the application to determine if all required information
is complete. If the application is incomplete, the agent shall notify
the applicant, in writing, within three business days of that decision.
In this case, specific completion deficiencies shall be specifically
identified. The application shall not be considered complete and filed
for purposes of review until all deficiencies of information are provided.
If the submission is complete, the Administrator shall notify the
applicant and provide a receipt of completion upon the applicant's
request. A complete application for consideration by the Township
shall include:
A.
Submittal of the required application to the Township offices, during
normal business hours, at least 28 days prior to the date of the next
regularly scheduled Township Planning Commission workshop meeting;
B.
Correct required application form, fully completed and executed by
a person with authority to do so, including such information as may
be necessary to verify said authority;
C.
Correct application fee, in the correct amount, as set by Township
resolution and as may be amended from time to time;
After receipt of a complete submission, the Township Board of
Supervisors shall render a decision on an application for preliminary
or final approval no later than 90 days after the date of the next
regularly scheduled Planning Commission meeting following the filing
of the application. However, if the next scheduled meeting of the
Planning Commission occurs more than 30 days after the application
is filed, the ninety-day decision period shall be measured from the
30th day following the date the application is filed. An application
is considered filed pursuant to the requirements of this chapter.
A.
Once complete and filed, all plans, whether preliminary or final,
shall be processed as follows:
(1)
All application files and plats shall be sent by the Subdivision
Administrator or designee to the Township Planning Commission. The
Commission shall review the plans for compliance with this chapter,
any other pertinent regulations, and make a recommendation to the
Board of Supervisors.
(2)
The Subdivision Administrator shall forward one copy to the Mercer
County Regional Planning Commission for their review and comment.
The subdivision shall not be approved until comments are received
from that agency or the expiration of 30 days from the date the application
was forwarded. If the County imposes a fee for its review and report,
the applicant shall pay that fee.
(3)
Three copies of the approved plat shall be retained or supplied by
the developer to record approval, disapproval or conditional approval
upon, of which one copy shall be returned to the developer.
B.
A copy shall be sent to the Township Engineer and any other professional
consultant as deemed necessary by the Township Supervisors or Planning
Commission.
Upon completion of review and recommendation by the Township Planning Commission, and pursuant to § 370-19, the Township shall either:
A.
Recommend to approve the application as submitted; or
B.
Recommend to disapprove the application as submitted. If the application
is disapproved, the Township shall cite the deficiencies of the application
and identify appropriate sections of this chapter or another applicable
ordinance that the application or plat did not comply with; or
C.
Conditional approval. The Township may make an approval based upon
satisfaction of certain conditions and criteria. Such approval shall
specify any defects found in the application and those sections of
this chapter or law involved, as appropriate, and what other conditions
must be met for approval. These conditions shall be forwarded to the
applicant and must be accepted by the applicant, in writing, within
15 days of notice thereof. If not accepted in writing, or if rejected,
the conditional approval shall be rescinded and the development disapproved.
[Amended 3-2-2021 by Ord. No. 2-2021]
A.
Following approval of a final plan pursuant to the requirements of
this chapter, at least two reproducible mylar copies of the final
plan shall be endorsed by the Township Supervisors and Township Planning
Commission. The signature of the Mercer County Planning Commission
shall also be placed on the plans, indicating the Commission's
review. The signature block shall state the following:
Submitted to Mercer County on ___ and reviewed by Mercer County
on this__ day of _____, 20 _____.
|
(1)
Upon approval of the final plan, the plan shall be recorded by the
developer or the Township (if so requested by the developer) with
the Mercer County Recorder of Deeds.
B.
Upon the approval of a final plan, the developer shall, within 90
days of such final approval or 90 days after the date of delivery
of an approved plan signed by the Township Supervisors, following
completion of conditions imposed for such approval, whichever is later,
record such plan with the Mercer County Recorder of Deeds. Signature
blocks shall include the following endorsements:
C.
Upon recording of the final plat in the office of the County Recorder
of Deeds, the developer shall deliver to the Township two certified
reproducible mylars of the plan, as recorded, containing all required
signatures and dates of approval.
D.
The record plan shall be a clear and legible print of a type and
material required by the Mercer County Recorder of Deeds.
E.
The applicant is responsible for all costs associated with the recording
of the final plans.
A.
All processes and procedures shall follow the Pennsylvania Municipalities
Planning Code where not explicitly stated.
B.
Fees for the review and processing of subdivision and land development
plans will be charged at the time of application in accordance with
the Township fee resolution. The Township may amend these fees from
time to time by successive resolution. Fees charged for professional
consultants shall be consistent with Section 503(1) of the Municipalities
Planning Code.[1] The Township may require an escrow for professional consultant
review fees and require it be replenished as necessary. Neglect of
replenishing escrows will result in approval delays and may result
in disapproval.
[1]
Editor's Note: See 53 P.S. § 10503.