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.
Pre-application DEP consultation. Prior to the preparation of any
plans, it is suggested that prospective developers consult with the
Pennsylvania Department of Environmental Protection and/or Bucks County
Health Department concerning soil suitability when on-site sewage
disposal facilities are proposed.
C.
Pre-application Conservation District consultation. Prospective developers
should consult with the Bucks County Conservation District representative
concerning erosion and sediment control and geologic conditions at
the proposed development.
D.
Pre-application PennDOT consultation. When the development site has
frontage on a State highway and/or proposes access to a State highway,
the developer should consult with PennDOT concerning design requirements
which may be imposed in addition to the requirements of this chapter.
E.
Official filing date.
(1)
For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date complete 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 thirtieth day following the day the complete application has been submitted. An application will not be deemed complete unless all applicable fees have been paid by the applicant and the application and plans conform with the plan requirements set forth in Article IV of this chapter.
(2)
The Zoning Officer or his/her designated representative shall have five business days from the date the application and plans are received to determine whether the submission is complete. If the submission is incomplete, the submission shall be returned to the applicant within the aforesaid five-day period together with a written statement detailing the deficiencies (the "Deficiency Report") and what must be submitted in order for the submission to be complete. An administrative fee of $50 shall be deducted from the escrow funds submitted with the application. If the submission is complete, the ninety-day review period shall be calculated in accordance with subsection A. If the submission is incomplete, the plans shall be deemed denied for the reasons stated in the Deficiency Report. The review period shall be calculated from the date a complete submission is received.
(3)
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.
(4)
The application record shall be closed 21 (14 days for revised
plans) days before the Planning Commission meeting at which the plan
will be considered to allow time to examine and study the plans and
all appropriate supporting documentation. The Township will not accept
changes or amendments to the application after this date unless the
applicant shall apply for a rescheduling of the meeting at which the
plan will be considered before the Planning Commission and makes suitable
provision for an extension of the review time. This policy shall apply
to formal sketch, preliminary, and final plan submissions.
F.
Bucks County Planning Commission review. All plans shall be submitted
(by the applicant) to and reviewed by the Bucks County Planning Commission
in accordance with its then prevailing rules and regulations.
A.
All filing, escrow, inspection and professional (engineering/legal)
fees shall be submitted to Nockamixon Township.
B.
Plan filing fee/escrow. A filing fee/escrow shall accompany the preliminary
plan. No application shall be accepted or acted upon unless payment
is made to Nockamixon Township. The Nockamixon Township Board of Supervisors
shall establish 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 of Nockamixon Township.
C.
Review fees.
(1)
Review fees/escrow shall include 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, Township Solicitor, or consultant
for similar services in the community, but in no event shall fees
exceed the rate or cost charged by the engineer, solicitor, or consultant
to the Township when fees are not reimbursed or otherwise imposed
on applicants.
(2)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 14 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(3)
In the event that the Township and the applicant cannot agree
on the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer, attorney, or other like professional as the case may be,
licensed as such by the Commonwealth of Pennsylvania and chosen mutually
by the Township and the applicant or developer.
D.
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The professional (engineering/legal) fees required
to be paid by this section shall be promptly submitted to the Township
by the applicant upon the submission of bills therefore to the applicant
from time to time by the Board of Supervisors.
B.
Additional subdivision. Any additional subdivision of a tract from
which a minor subdivision has already been approved shall be deemed
to be a major subdivision for the purposes of this chapter if the
total number of lots exceeds four; and shall follow the procedure
applying thereto, if the additional subdivision is submitted for review
within five years of the approval of the minor subdivision.
C.
All minor subdivision plans shall contain a notice regarding future
subdivision (refer sample in Appendix "B").
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 may be presented for review not less than seven days prior to the regular meeting of the Planning Commission. Application to the Bucks County Planning Commission for review is recommended. 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." There is no fee required for a sketch plan submission unless written comments are requested by the applicant.
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 plans with the respective private and public
service agencies including, but not limited to, (where applicable)
Bucks County Planning Commission, Bucks County Conservation District,
Bucks County Department of Health, Pennsylvania Department of Environmental
Protection, PennDOT, and municipal authorities.
(b)
The application form shall be accompanied by the requisite fee as set forth in § 196-302 of this chapter and by not less than eight copies of all required material (four copies of stormwater management report) and not less than eight prints of the preliminary plan of the subdivision or development; or as amended by Township resolution from time to time.
(c)
The Township Secretary shall forward two copies of the preliminary
print and one copy of other required materials to the Township Environmental
Advisory Council.
(d)
Upon receipt of final plan, the Township Secretary shall forward
two copies of the plan and required materials to the Township Engineer
for review and comment, and copies to such other agencies whose recommendations
would be pertinent to the processing of the plan. Remaining copies
shall be forwarded to the Planning Commission.
(e)
The Township Secretary shall forward the remaining copies of
the preliminary plan prints and required materials to the Planning
Commission, Board of Supervisors, other Township agencies and/or Township
Solicitor as deemed appropriate.
(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, Township Zoning Ordinance [Chapter 234], and all other applicable ordinances and regulations of the Township.
(c)
The Planning Commission shall act on the preliminary plan in
time for the Board of Supervisors to render their decision within
90 days from the official filing date.
(d)
Any requests for modification or waiver of the requirements
of this chapter shall be in writing in accordance with PA Act 170,
as amended; and be reviewed by the Planning Commission for advisory
comments.
(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 of their recommendation.
(4)
Township Engineer review. All plans and associated documents
shall be reviewed by the Township Engineer, prior to the transmission
of such plans to the Board of Supervisors.
(5)
Re-submission of preliminary plans. A revised plan submitted
after disapproval shall be considered and processed as a new plan
submission. A revised plan submitted after approval shall only be
considered a new plan submission if, in the opinion of the Township,
it has been substantially revised after said approval.
(6)
All plans shall evidence compliance with requirements of the Township Zoning Ordinance [Chapter 234]. Failure of the applicant to obtain all necessary variances, special exceptions, and/or conditional use approvals prior to preliminary plan approval shall be a cause for denial of the plan.
(7)
Approval of preliminary plans.
(a)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date unless time for action is extended
by the applicant by written notification. 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 their 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 the Pennsylvania Municipalities Planning Code, 53
P.S. § 10101, or any other statute or provision of this
chapter which has 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; and 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 guarantee 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.
(d)
Where preliminary plan approval is given subject to conditions,
the applicant shall accept or reject any or all of the conditions
within 15 days from the date that he/she receives the written notification
from the Board of Supervisors. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plat to become automatically rescinded pursuant to
§ 503(9) of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10503(9), and, in the alternate, the plan is denied
due to noncompliance with the specified conditions.
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 § 508
of the Municipalities Planning Code, 53 P.S. § 10508. Application
to the Bucks County Planning Commission with appropriate fee must
be submitted by the applicant when deemed necessary by the Township.
(b)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
a revised preliminary plan and shall be forwarded by the Township
Secretary to the Planning Commission for review and recommendation
as a preliminary plan.
(c)
The subdivider or developer must submit with the final plan a guarantee 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 as set forth in § 196-302.
(e)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
part of the requisite materials accompanying the final plan submission.
(f)
The subdivider or developer shall submit eight prints of the
final subdivision or land development plans and at least eight copies
of all other required information (four copies of stormwater management
report, if amended).
(g)
Upon receipt of final plan, the Township Secretary shall forward
the original plans and two copies of the plans and one copy of all
the other material to the Planning Commission for review and recommendation;
two copies of the plan and required materials to the Township Engineer
for review and comment; and copies to such other agencies whose recommendations
would be pertinent to the processing of the plan including, but not
limited to, the Environmental Advisory Council.
(2)
Review of final plans.
(a)
The Planning Commission shall review the plan and requisite
materials for compliance with the approved preliminary plan and for
conformance to requirements of this chapter.
(b)
The Planning Commission shall act on the final plan in time
for the Board of Supervisors to render their decision within 90 days
from the official filing date.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with conditions, or disapproved, and shall
notify the Board of Supervisors in writing.
(b)
In making its recommendation, the Planning Commission shall
consider the recommendations of the Township Engineer, the Bucks County
Planning Commission, the Bucks County Conservation District, 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 and associated documents
shall be reviewed by the Township Engineer prior to the transmission
of such plans to the Board of Supervisors.
(5)
Re-submission of final plans. A revised plan submitted after
denial shall be considered and processed as a new final plan submission.
(6)
Approval of final plans. The Board of Supervisors shall act
upon the application for approval of a final plan and render its 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 the application is filed, provided that should the next regular
meeting occur more than 30 days following the filing of the application,
said ninety-day period shall be measured from the thirtieth day following
the day the application has been filed unless time for action is extended
by the applicant by written notification.
(a)
The decision of the Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
(b)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite to the provisions of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq., or any other statute and
the provisions of this chapter and any other ordinance relied upon.
(c)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and manner required
herein shall be deemed an approval of the application in terms as
presented unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner of presentation of communication
of the decision, in which case, the failure to meet the extended time
or change in manner of presentation or communication shall have like
effect.
(d)
Where final plan approval is given subject to conditions, the
applicant shall accept or reject any or all of the conditions within
15 days from the date that he receives the written notification from
the Board of Supervisors. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plat to become automatically rescinded pursuant to
§ 503(9) of the Pennsylvania Municipalities Planning Code,
53 P.S. § 10503(9), and in the alternate, the plan is denied
due to noncompliance with the specified conditions.
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare three mylar reproductions of the original final record
plan, including one full mylar set of all plan sheets, and three paper
prints, all executed and notarized by the applicant bearing appropriate
engineering and surveying seals, 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 Bucks County Recorder of Deeds within 90 days
after signature of the final plan by the Board of Supervisors 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
of Nockamixon Township concerning maintenance of the improvements
offered for dedication nor shall such approval be construed as an
acceptance of such dedication.
(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
plan.
A.
General. All major residential subdivisions and land developments
will be reviewed by the Township Park and Recreation Board/Open Space
Committee.
B.
Procedure.
(1)
The applicant shall prepare two additional copies of the preliminary
plan and submit these to the Township Secretary or other official
designated by the Board of Supervisors along with the plans submitted
pursuant to § 196-305.B(1).
(2)
The Township Secretary or other official designated by the Board of Supervisors, upon notification by the Planning Commission that the application is accepted for review as per § 196-305, shall forward to the Chairman of the Park and Recreation Board/Open Space Committee or designee, the two copies of the preliminary plan.
(3)
The Township Park and Recreation Board/Open Space Committee
shall review the plans as submitted and shall report to the Planning
Commission within 45 days of receipt. The report shall be in writing
and shall include a list of any comments and/or recommendations of
the Board. In addition, the Park and Recreation Board/Open Space Committee
shall indicate whether it recommends the Township accept dedication
of the proposed open space and whether it finds the open space as
proposed acceptable or in need of revision. The Park and Recreation
Board/Open Space Committee may attend a regularly scheduled Planning
Commission meeting for the purpose of discussing recommendations on
an application.
(4)
The Park and Recreation Board/Open Space Committee shall meet
in person with the applicant, if it deems this to be necessary.
(5)
Two copies of any and all revisions to the preliminary plan
submission affecting open space and/or recreation facilities shall
be forwarded to the Park and Recreation Board/Open Space Committee
upon receipt for their review and comments.
A.
General. All subdivision and land development submissions will be
reviewed by the Township Environmental Advisory Council (EAC).
B.
Procedure.
(1)
Township Secretary shall forward two sets of plans and other
required information to the EAC Chairman or designee.
(2)
The EAC shall review the plan as submitted and shall report
to the Planning Commission within 45 days of receipt. The report shall
be in writing and shall include a list of any deficiencies, concerns,
and/or recommendations of the EAC. The EAC may attend a regularly
scheduled Planning Commission meeting for the purpose of discussing
recommendations on an application.
(3)
EAC shall review those aspects of the above submissions related
to environmental impacts such as stormwater management, water supply,
natural resource protection, and other relevant issues pursuant to
ordinances duly adopted by the Township.
(4)
The EAC shall advise the applicant of the date of any meeting
scheduled to discuss the submission. As part of its review, EAC member(s)
may complete a site investigation upon notification to the applicant.
When an application for approval of a plan, whether preliminary
or final, has been approved without conditions or approved by the
applicant's acceptance of conditions, no subsequent change or
amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to adversely affect the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years of
such approval. The five-year period shall be counted from the date
of the preliminary plan approval. Failure to substantially complete
the required improvements within the aforesaid five-year period, or
within any extension thereof, as may be granted by the Board of Supervisors
or as may be permitted by § 508(4) (v and vi) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10508(4)(v and vi),
for staged developments, shall make the application subject to any
and all changes in zoning, subdivision, and any other governing ordinance
enacted by the Township subsequent to the date of the initial preliminary
plan approval.
A.
General. The Board of Supervisors may grant a modification of the
requirements of one or more provisions of this chapter if the literal
enforcement will exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of the ordinance is observed.
B.
Procedure. All requests for modification shall be in writing and
shall accompany and be part of the application for development. The
request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of the ordinance involved, and the minimum modification necessary.
C.
Requests for modification shall be referred to the Planning Commission
for advisory comments.
