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.
A. 
Minor subdivision plans shall be initiated and submitted for review in the form of a final plan as specified in § 196-402 and shall be otherwise reviewed in accordance with the procedures and standards of § 196-305, including submission of plans to the Environmental Advisory Council.
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.
(b) 
In making its recommendation, the Planning Commission shall consider the recommendations of the Township Engineer, Township staff, Bucks County Planning Commission, interested residents, and any agency or agencies from which a review was requested under Subsection B(1) of this section.
(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.