Township of Hemlock, PA PLAN PROCESSING PROCEDURES

Prior to the filing of an application for review and approval of a proposed subdivision or land development, it is recommended that the developer submit a sketch plan to the Hemlock Township Planning Commission for advice on the requirements necessary to achieve conformity with the standards and other provisions of this chapter, as well as to alert the developer to other factors pertinent to the design and effectuation of the subdivision or land development. The submission of a sketch plan shall not constitute the filing of an application for approval of a subdivision or land development.

The developer or his agent or representative should be present to discuss any such proposal with the Planning Commission. No formal action will be taken on a sketch plan submission, but the Commission shall, after review and evaluation of the proposal, indicate to the developer or his agent, their findings and recommendations regarding preparation of preliminary or final plans. The Commission shall complete its review as promptly as possible. One copy of the sketch plan shall be left with the Commission for their files. The review of a sketch plan shall not authorize the recording of the plan nor the conveyance of lots.

[Ord. No. 12-12-2006, 12/12/2006, § 402]

Plan Classifications and Submission Requirements.

For the purposes of this chapter, any proposed subdivision or land development plan which is submitted to the Township for review and approval, but does not meet the applicable plan or other ordinance requirements, may be considered as a sketch plan at the request of the applicant and upon recommendation of the Township Subdivision Ordinance Administrator. (See also Subsection 2A below for additional details on the application submission process.)

Plans involving the installation of streets, sanitary sewers, public water supplies, stormwater management facilities and other site improvements shall be considered as preliminary plans for initial consideration.

Where site improvements have been installed in accordance with a previously approved preliminary plan, the proposed subdivision or land development plan may be considered as a final plan.

D.

Where a subdivision or land development proposal consists of a cumulative total of five or fewer lots or dwelling units from the effective date of this chapter, each with frontage along an existing public street and where no site improvements are proposed by the developer or required by the Township, the proposed subdivision or land development plan may be considered as a final plan.

E.

Where a final plan covers only a portion of a tract of ground, the developer may be required to submit a preliminary plan of the remainder of the tract to the Township Planning Commission, illustrating his future intent and use for the property. [See also Subsection 2C(3).]

F.

The final plan shall conform in all significant respects with any approved preliminary plan. Otherwise the plan submitted shall be considered as a revised preliminary plan. (See also Subsection 4)

G.

It shall be the ultimate responsibility of the subdivider/developer to coordinate his plans with all appropriate public and private utilities and/or service agencies in the manner set forth in this chapter and to provide sufficient data and information to the Township upon which to review the proposed plan.

Plan Evaluation Process. Applications for preliminary or final plan review and approval shall be submitted to Hemlock Township and shall be processed in accordance with the following procedures:

Application. A minimum of 10 copies of all proposed preliminary or final subdivision and land development plans and a minimum of three copies of all other materials and information required by this chapter shall be submitted to the Township Subdivision Ordinance Administrator no less than 14 days in advance of the next regular meeting of the Township Planning Commission at which the plan is to be considered. (A plan shall be considered filed upon receipt by the Administrator of all required plans and materials, including plan processing fees and any required escrow fees, as well as any necessary Zoning Ordinance [Chapter 27] variance approvals.) Plans submitted less than 14 days before the next scheduled meeting of the Planning Commission may not be considered filed until the date of the following regular meeting of the Commission at the earliest.

[Amended by Ord. No. 03-09-2021, 3/9/2021]

The Subdivision Ordinance Administrator shall, upon receipt of a subdivision or land development plan proposed for either preliminary or final approval, check the submission for completeness. If incomplete, the submission shall immediately be returned to the applicant/developer, with an indication of its deficiencies. Where applicable, the Administrator may also indicate to the applicant/developer that such plans could be submitted for sketch plan consideration as per the standards contained in Subsection 1A of this chapter. Written concurrence from the applicant/developer shall be required for such consideration.

Referrals. If the submission is determined complete by the Ordinance Administrator, copies of the plans shall be distributed as follows:

A minimum of three copies of the plan (or other number as may be required) and one copy of all accompanying documentation (including any applicable review fee) shall be forwarded by the Subdivision Administrator or shall be delivered by the subdivider/developer to the Columbia County Planning Commission for their review and recommendations. The County Planning Commission shall review the proposed subdivision or land development, stamp or sign the plans indicating a review was conducted, and shall report its findings and return all but two copies of the plans to the Township within 30 days of the date that such plans were submitted to them.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(2)

Where a proposed subdivision or land development involves the design of new streets (whether public or private), stormwater management facilities, or other similar site improvements, one copy, of the plans and appropriate improvement designs shall be forwarded by the Subdivision Administrator to the Township Engineer for review and recommendations. In addition, copies of the plan may also be forwarded to the Township Zoning Officer, the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Columbia County Conservation District, officials from adjacent municipalities, or other agencies, organizations or professionals for input or comments, where such is deemed appropriate by the Township Planning Commission or the Subdivision Administrator. (All review agencies shall be given 30 days to respond with comments.)

(3)

Where a proposed subdivision or land development involves the utilization of public sewer service, it shall be the responsibility of the subdivider/developer to deliver a copy of the proposed plans and all applicable data and documentation to the Hemlock Municipal Sewer Cooperative or other applicable authority for review and approval. Plans involving the use of a public water supply shall be delivered by the subdivider/developer to the applicable authority or Suez Water for their review and approval. Copies of such approvals shall be provided to the Township as verification that all sewer and/or water design plans have been reviewed and approved by the appropriate authority or company and their Engineer. (These agencies shall be given a minimum of 30 days to provide their review comments and/or approvals, as applicable. Where such thirty-day period will provide insufficient time for plan review and/or approval, in the opinion of the applicable review agency, said agency shall provide the Township with an alternative time period.)

[Amended by Ord. No. 03-09-2021, 3/9/2021]

(4)

All remaining copies of the plans and accompanying documentation shall be retained by the Subdivision Administrator for the review, evaluation and recommendations of the Township Planning Commission.

Planning Commission Review and Recommendations.

At its first regular meeting following acceptance of a filed plan, the Township Planning Commission shall consider the subdivision or land development plan to determine its conformity to the design standards and general principles contained in this chapter. (The developer or his agent shall be present to discuss all such proposed plans with the Commission and to facilitate the plan review process, or action on the plan by the Commission may be tabled.) In addition, the Commission shall also consider all comments received from the County Planning Commission, the Subdivision Ordinance Administrator, the Township Engineer, and from other review agencies. The Commission shall then make recommendations for approval, disapproval, or other appropriate action to the Supervisor.

(2)

In order to better evaluate a proposed submission, the Planning Commission may, at its discretion, view the site of the subdivision or land development prior to taking action on the plan.

(3)

The Planning Commission may recommend that the subdivider/developer be required to submit a preliminary plan for remaining undeveloped or residual property where they feel such would be in the best interest of the Township or where they feel such action would facilitate evaluation of subsequent submissions by the developer.

(4)

The Commission's recommendations regarding proposed plans shall be communicated to the Township Supervisors. If disapproval is recommended, the specific defects of the plan shall be cited in the Commission's communication to the Supervisors.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(5)

When a proposal is recommended for approval, the Chairman of the Planning Commission, or in his absence, the Vice-Chairman or other presiding officer, shall also sign and date all remaining copies of the plan. Such plans shall then be forwarded, along with the Commission's recommendations, to the Township Supervisors for action.

3.

Plan Approval Process.

Upon receipt of recommendations from the Township Planning Commission, the Township Supervisors shall consider and take action on proposed subdivision and land development plans. (The developer or his agent shall be present to discuss all such proposed plans with the Township Supervisors and to facilitate the plan approval process, or the plan may be disapproved.) The Supervisors shall render a decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date that the plan is filed; provided, that should the next regular meeting occur more than 30 days following the filing of the plan, the said ninety-day period shall be measured from the thirty-day following the date the plan is filed.

The Township Secretary or Manager shall notify the applicant of the decision made by the Township Supervisors in accordance with the following procedure:

Within 15 calendar days after the Supervisors meeting, the Secretary, Zoning Officer or Manager shall notify the subdivider/developer or his agent, in writing, of the action taken by the Supervisors specifying what changes, or additions, if any, will be required prior to plan approval.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

(2)

If the proposed plan is disapproved, the decision shall specify the defects found, describe the requirements which have not been met, and cite the provisions of this chapter which have been relied upon.

(3)

Failure of the Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the proposed plan, unless the applicant has agreed, in writing, to an extension of the time period or change in the manner of presentation or communication of the decision.

Plans approved by the Supervisors shall bear the signatures of a quorum of members of the Board voting in favor of the approval and the date of such action. One fully signed "master" copy of the subdivision or land development plan shall be retained by the Township for its files, and all other remaining copies shall be returned to the applicant.

[Amended by Ord. No. 12-12-2017, 12/12/2017]

D.

The Supervisors may grant preliminary or final plan approval subject to conditions acceptable to the applicant. Such conditions shall either be written on all copies of the plan and be signed by the applicant indicating concurrence or the Supervisors shall produce a list of all such conditions within 15 days of the date of conditional approval and present such listing to the applicant for written concurrence. Failure of the applicant to sign the plans or execute the list to indicate concurrence, as applicable, and return it to the Township within 30 days of the conditional approval date or prior to the Supervisors next regular meeting, whichever comes first, shall nullify the approval granted. Plans shall not be signed or dated by the Supervisors until receipt of the executed concurrence from the applicant.

E.

The Supervisors may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Supervisors and mediating parties shall meet the stipulations and follow the procedures set forth in § 908.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908.1, or as may hereafter be amended.

F.

In order to facilitate financing, when requested by the subdivider/developer, the Supervisors may furnish the subdivider/developer with a signed copy of a Resolution or letter of contingent approval indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the developer's agreement is executed and the financial security has been provided. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the developer's agreement is not executed and the financial security is not provided within 90 days unless a written extension is granted by the Supervisors. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the subdivider/developer.

4.

Effect of Plan Submissions and Approvals.

From the time a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such plan is pending approval or disapproval, no change or amendment of any zoning, subdivision or other governing ordinance applicable to the plan shall affect the decision on such plan adversely to the applicant unless the applicant voluntarily and without duress consents. The applicant shall be entitled to a decision in accordance with the provisions of said ordinances as they stood at the time the plan was duly filed.

Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, and the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the subdivider/developer to the general scheme of the subdivision shown and permits the subdivider/developer to proceed with final detailed design of improvements, and with preparation of the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan, nor does it constitute approval of the final plan. (See also Subsection 1F.)

The applicant shall have a period of five years from the date of preliminary approval in which to submit a final plan(s) for the subdivision and/or substantially complete all aspects of the approved development, including installation of all site improvements. If the applicant fails to do so within the five-year period, the approval of the preliminary plan shall become null and void unless an extension of time is requested by the applicant, in writing, along with a schedule for submission of the final plan, and is approved by the Supervisors prior to the expiration date.

D.

In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the developer with the preliminary plan delineating all proposed phases as well as deadlines within which applications for final plat approval of each phase are intended to be filed. Such schedule shall be updated annually by the subdivider/developer on or before the anniversary of the preliminary plan approval, until final plat approval of the final phase has been granted, and any modification in the aforesaid schedule shall be subject to approval by the Supervisors at their discretion.

E.

When an application for approval of a plat, whether preliminary or final, has been approved, no subsequent change or amendment in Township zoning or subdivision regulations shall adversely affect the right of the applicant to commence and to complete, any aspect of the approved development in accordance with the terms of this approval within five years of such approval. The five-year period shall however be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development, and for the duration of any sewer or utility moratorium, or prohibition which was imposed subsequent to the filing of an application for preliminary approval of the plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such manner has been entered and all appeals have been concluded. No extension shall be based upon any water or sewer moratorium which was in effect at the time the preliminary plan application was filed.

F.

The final plan may be submitted in phases, each covering a portion of the entire subdivision or land development shown on the preliminary plan. However, each phase in a residential subdivision or land development, except the last phase, shall contain a minimum of 25% of the total number of lots or dwelling units depicted on the preliminary plan, unless a lesser percentage is approved by the Supervisors.

[Ord. No. 12-12-2006, 12/12/2006, § 403]

Plans involving the utilization of a single tract of ground for the development or location of one or more nonresidential structure or two or more residential structures or dwelling units shall be considered, reviewed and evaluated as land development proposals (except those exempted by definition). Land development activities shall include, but are not limited to, the development or construction of:

Industrial or commercial buildings or complexes.

Multifamily dwelling structures, i.e., apartment buildings, or townhouse structures.

Mobile home parks, multifamily housing developments, or residential cluster developments.

Land development plans shall be reviewed and approved in accordance with the plan submission, processing and approval procedures contained in this section of this chapter. Final approval of a land development plan does not authorize the conveyance of lots, but may authorize the conveyance of individual dwelling units, i.e., condominiums.

[Ord. No. 12-12-2006, 12/12/2006, § 404]

Upon notification of approval of the final plan, the subdivider/developer shall record one copy of the approved plan in the Office of the Columbia County Recorder of Deeds within 90 days of the date of approval or the date the Supervisors' approval is noted on the plan, whichever is later. Should the subdivider/developer fail to record the final plan within such ninety-day period, the approval of the Supervisors shall be null and void unless an extension of time is requested by the subdivider/developer in writing and is granted in writing by the Supervisors prior to the expiration date.

Where final plan approval is granted subject to conditions which are not written on the plot plans, then a copy of the concurrence letter, signed by the applicant, shall be recorded with the final plan.

A copy of the approved final plan must be recorded before proceeding with the sale of lots. Further, the applicant shall supply the Township with a receipt from the County Register and Recorder's Office verifying the final plan recording prior to the issuance of a zoning permit authorizing the use of the approved parcels.