A. 
Three phases are included in the procedure for approval of subdivision and/or land development plans: sketch, preliminary and final. These phases are required to enable the Edgmont Township Planning Commission and the Board of Supervisors to have an adequate opportunity to review the submission and to ensure that all recommendations are reflected in the final plan and that all ordinance requirements are addressed.
B. 
The flow chart in the appendix[1] shows the procedure and time that must be followed during the sketch, preliminary and final plan approvals.
(1) 
The table below indicates the required plans for the different types of plan submissions.
Type of Submission
Plan Approval Phase Sketch
Preliminary
Final
Major subdivision and/or land development
Optional, but recommended
Required
Required
Minor subdivision
Optional
Required
Required
(2) 
The specific procedures for all plans shall be in accordance with §§ 305-10, 305-11 and 305-12.
[1]
Editor's Note: See Appendix B, Flow Chart for Sketch Plan Procedures, included as an attachment to this chapter.
C. 
All plan submissions must be accompanied by the following:
Required Plans/Reports/Papers
Plan Approval Phase Sketch
Preliminary
Final
Title plan
Not required
Optional
Required
Conservation plan
Not required
Required
Required
Improvements construction plan and profile(s) plan
Not required
Required
Required
Construction detail plan
Not required
Required
Required
Environmental impact assessment report, when required in § 305-77
Outline recommended
Required
Required
D. 
Whenever a conditional use approval, special exception approval or variance is required by Chapter 365, Zoning, for any use proposed or inherent in any proposed subdivision and/or land development, all applications therefor shall be filed and all plans, documents and other submissions required to accompany same shall be filed with the Township simultaneous with filing for preliminary plan approval for subdivision and/or land development.
E. 
The applicant or his agent shall submit the required number of prints and accompanying information for each subdivision and/or land development plan to the Township Manager 24 calendar days prior to the Township Planning Commission meeting at which the plan may be reviewed.
F. 
Plans shall be accepted and scheduled for review only when the application contains all plan requirements, a fully completed application form, a completed checklist (refer to the appendix[2]), and payment of fees in accordance with the fee schedule adopted by resolution by the Board of Supervisors. The submission shall be reviewed to determine whether or not it is complete. If the submission is incomplete, it shall be returned to the applicant.
[2]
Editor's Note: Appendix F - Plan Checklists is included as an attachment to this chapter.
G. 
Plans shall be referred to the Planning Commission for advisory review prior to review by the Board of Supervisors. Approval or disapproval by the Board of Supervisors shall be in accordance with the procedures specified in this chapter and in the Pennsylvania Municipalities Planning Code. The Board of Supervisors shall act on plans and notify the parties involved of its action within the time and in the manner as established by this chapter and the Pennsylvania Municipalities Planning Code. Each new or revised presentation of a sketch, preliminary or final plan shall be considered a new submission, withdrawing the previous submission, and the requirements as to time of review and reports shall be required for each plan.
A. 
The applicant shall submit the required fees, a sketch plan checklist, and the following required number of prints of the sketch plan and application forms to the Township Manager at least 24 days prior to the Planning Commission meeting at which the plan may be reviewed.
Copies of Sketch Plan to Be Submitted to Township
Copies of Application and Checklist to Be Submitted to Township
Agency or Person to Whom the Township Will Send the Sketch Plan and Application After the Township Secretary or Manager Submits Sketch Plan Receipt to Applicant
5
5
Township Planning Commission members
1
1
Township file
4
1
County Planning Department
1
1
Township Engineer
1
1
Township Planning Consultant
3
3
Board of Supervisors
2
1
Code Enforcement Officer and Fire Marshal
B. 
If the sketch plan is not received at least 24 days prior to the Township Planning Commission meeting, the plan may not be placed on the agenda of the Planning Commission.
C. 
In addition to furnishing copies of the sketch plan, the landowner or developer shall identify the name, address and telephone number of the holder of legal title to the land involved, the nature of the landowner's interest in the land (whether a holder of legal or equitable title or otherwise), and the name, address and telephone number of the agent, if any. Such information shall be provided in writing.
D. 
The Township Manager or other designated person shall review the submission against the sketch plan checklist for completeness and, if the submission is incomplete, return it to the applicant within seven working days, indicating the deficiencies.
E. 
The Township Manager shall forward the required number of prints of the properly submitted sketch plan, and the required application form and checklist to the appropriate agency or person as designated in § 305-10A.
F. 
The developer shall immediately submit the necessary copies of the sketch plan to the Delaware County Planning Department, which may provide an advisory recommendation to the Township Planning Commission.
G. 
After submitting the sketch plan, the applicant shall notify the abutting owners that a sketch plan proposed for the subject lot has been filed. Such notice shall occur at least 10 days prior to the first Planning Commission meeting following the submission of the sketch plan. Evidence of such notification in the form of a certified mail receipt shall be presented to the Planning Commission at its first meeting following the submission of the plan.
H. 
The Planning Commission shall review the sketch plan with the landowner or developer if such person attends the regularly scheduled public meeting of the Planning Commission. The Planning Commission shall indicate any and all review comments pertaining to the plan to the landowner or developer by written correspondence.
I. 
The Planning Commission's review shall take into consideration the requirements of Article IV.
J. 
The Township Planning Commission shall review the plan. In the event that the plans and data submitted do not meet the objectives and requirements of this chapter, the applicant shall be advised, in writing, of the specific deficiencies of the plans and data as submitted. In the event that the plans and data as submitted are satisfactory, the Planning Commission shall recommend that the applicant proceed to the preliminary plan stage.
A. 
Within six months following the approval of the sketch plan by the Planning Commission, and at least 24 days prior to the Township Planning Commission meeting at which a preliminary plan may be reviewed, the applicant shall submit the following to the Township Manager: 18 copies of a preliminary plan and any related information, application forms, the preliminary plan checklist and the required fee. If not submitted within the six-month period, another sketch plan may be required.
B. 
If the preliminary plan is not received at least 24 days prior to the Township Planning Commission meeting, the plan may not be placed on the agenda of the Planning Commission.
C. 
The required number of prints of the preliminary plan, the required application forms and other needed information which shall be submitted to the Township are:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Copies of Preliminary Plan to be Submitted to Township
Copies of Application and Checklist to be Submitted to Township
Agency or Person to Whom Township Manager Will Send the Preliminary Plan and Application After Township Manager Submits Preliminary Plan Receipt to Applicant
5
5
Township Planning Commission members
1
1
Township file
4
1
County Planning Department
1
1
Township Engineer
1
1
Township Planning Consultant
3
1
Board of Supervisors
2
1
Construction Code Official and Fire Code Official
1
1
Soil Conservation District
18
12
D. 
Where any one or combination of the following items are involved, additional sets of plans shall be required and submitted for the Township Engineer and to the Township:
(1) 
Pumping stations.
(2) 
Sewage treatment plants.
(3) 
Retaining walls.
(4) 
Public water supply systems or community water supply systems.
(5) 
Traffic control systems.
E. 
As stated in § 305-9C, all preliminary plan submissions must include the following:
(1) 
Title plan (optional).
(2) 
Conservation plan (required).
(3) 
Improvements construction plan and profile(s) plan (required).
(4) 
Construction detail plan (required).
(5) 
Environmental impact assessment report (as required in § 305-77).
F. 
The applicant shall complete and sign the application form provided by the Township and shall accompany such application form with the type and number of plans, documents and other submissions required and the appropriate filing fee(s). The applicant must identify the name, address and telephone number of the record holder of legal title to the land involved (if different from the applicant) the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise), and the name, address and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees paid in full.
G. 
The Township Manager or other designated person shall review the submission against the preliminary plan checklist for completeness and, if the submission is incomplete, return it to the applicant within seven working days, indicating the deficiencies.
H. 
After submitting the preliminary plan, the applicant shall notify the abutting property owners and the governing body of each municipality contiguous to the Township that a preliminary plan proposed for the subject lot has been filed. Evidence of such notification shall be presented to the Planning Commission at its first meeting following the submission of the plan. Notice and evidence shall be in accordance with § 305-10G.
I. 
The applicant shall forward the required number of prints of the properly submitted preliminary plan, the required copy of the application form, checklist and copies of the erosion and sedimentation control plan to the Township, which shall be distributed in accordance with § 305-11C.
J. 
The Township shall request the County Planning Department to review the preliminary plan and submit an advisory recommendation report to the Township Planning Commission.
K. 
The Township Planning Commission may perform the following:
(1) 
Review all applicable reports from the County Planning Department, Township Engineer, Township Planning Consultant, appropriate Water and/or Sewer Authority, PA DOT, Soil Conservation District, and other reviewing agencies;
(2) 
Discuss the submission with the applicant; and
(3) 
Recommend revisions so that the plan will conform to Township ordinances.
L. 
The Township Planning Commission shall perform the following:
(1) 
Determine whether the preliminary plan meets the requirements of this chapter, and other ordinances of the Township; and
(2) 
Recommend approval or disapproval of the preliminary plan to the Board of Supervisors. In the case of a recommended disapproval, the Planning Commission shall indicate the specific deficiencies and the ordinance provisions which have not been met.
M. 
The Township Planning Commission may not be prepared to review the application at its scheduled public meeting first following the date of filing, in which case the discussion of the application may be scheduled for a subsequent meeting.
N. 
During the course of the Planning Commission's review of the preliminary plan and prior to any action by the Board of Supervisors within the required ninety-day period, the preliminary plan may be revised by the applicant. The submittal of a revised plan shall restart the required ninety-day period. Eighteen copies of any revised preliminary plan shall be submitted which shall note the dates of any and all revisions and a summary of the nature thereof. The revised preliminary plan shall be submitted to the Township Manager at least 24 days prior to the regularly scheduled public meeting of the Planning Commission. The revised preliminary plan shall be distributed by the Township Manager on the basis as set forth in § 305-11C.
O. 
After a report on the preliminary plan has been submitted to the Board of Supervisors by the Planning Commission, the Board shall place such preliminary plan on its agenda.
P. 
Before acting on any preliminary plan, the Board of Supervisors or the Planning Commission may hold a public hearing thereon after public notice.
Q. 
The Board of Supervisors shall, within the review period:
(1) 
Review the recommendation of the Township Planning Commission and other reviewing agencies.
(2) 
Determine whether the preliminary plan meets the objectives and requirements of this chapter, other ordinances of Edgmont Township, and other applicable regulations.
(3) 
Approve or disapprove the preliminary plan.
(4) 
The Board may make its decision to grant approval of a preliminary plan subject to conditions, changes or additions.
(5) 
Whenever the Board of Supervisors approves a preliminary plan subject to conditions, the applicant shall indicate whether such conditions are accepted or rejected within 15 days of the decision by the Board. Any such approval which is not accepted or rejected by the applicant within the fifteen-day period shall be rescinded automatically.
(6) 
In the case where the Planning Commission has concluded that the preliminary plan meets all requirements of a final plan, then upon the recommendation of the Planning Commission, the Board of Supervisors may consider the preliminary plan as a final plan and may act thereupon accordingly.
R. 
Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity, but shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.
S. 
In the event the preliminary plan is not approved in terms as filed, the decision shall specify the defects found in the preliminary plan for subdivision and/or land development and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
T. 
If the preliminary plan is disapproved, the applicant, if he desires to proceed, shall file a revised preliminary plan following the same submission and review procedures required for the previous preliminary plan submission.
U. 
The Board of Supervisors shall render a decision on every preliminary plan and communicate it to the applicant not later than 90 days following the date of the regularly scheduled public meeting of the Planning Commission next following the date of the complete application is filed, provided that should the Planning Commission meeting occur more than 30 days following the filing of such application, the said ninety-day period shall be measured from the 30th day following the day the complete application has been filed.
V. 
The decision of the Board of Supervisors to approve or disapprove the preliminary plan shall be in writing and shall be communicated to the applicant or his agent not later than 15 days following the decision or at the end of the ninety-day period, whichever shall occur first.
W. 
If the preliminary plan is approved by the Board of Supervisors, the applicant may proceed to submit a final plan for approval as set forth in § 305-12 and Article VI.
X. 
A minor preliminary plan or land development may be granted a waiver of preliminary approval by the Board of Supervisors and may proceed to a final minor plan submission in accordance with the comments of the Planning Commission and the Board of Supervisors.
A. 
The procedure for approval of final plans shall be identical to the procedure as outlined for preliminary plans in § 305-11, except that:
(1) 
The applicant shall submit the required information within 12 months after preliminary plan approval by the Board of Supervisors, otherwise another preliminary plan may be required.
(2) 
The applicant shall prepare and file a planning module for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(3) 
The applicant shall submit a final plan that includes all the requirements set forth in Article VI.
(4) 
As per § 305-9C, all final plan submissions must include the following plans:
(a) 
Title plan (required).
(b) 
Conservation plan (required).
(c) 
Improvements construction plan and profile(s) plan (required).
(d) 
Construction detail plan (required).
(e) 
Environmental impact assessment report (as required in § 305-77).
B. 
The Township Planning Commission may perform the following:
(1) 
Review all applicable reports from the County Planning Department, Township Engineer, appropriate Water and/or Sewer Authority, PA DOT, Soil Conservation District, and other reviewing agencies;
(2) 
Discuss the submission with the applicant; and
(3) 
Recommend revisions so that the plan will conform to Township ordinances.
C. 
The Township Planning Commission shall perform the following:
(1) 
Determine whether the final plan meets the objectives and requirements of this chapter, other ordinances of Edgmont Township, and other applicable regulations;
(2) 
Recommend approval or disapproval of the final plan in a written report to the Board of Supervisors. In the case of a recommended disapproval, the Planning Commission shall indicate the specific deficiencies and the ordinance provisions which have not been met.
D. 
The Township Planning Commission may not be prepared to review the application at their scheduled public meeting first following the date of filing, in which case the discussion of the application may be scheduled for a subsequent meeting.
E. 
The final plan shall conform to the preliminary plan as previously reviewed, and to which approval or conditional approval was granted, or the plan may be considered as a new preliminary plan.
F. 
During the course of the Planning Commission's review of the final plan and prior to any action by the Board of Supervisors within the required ninety-day period, the final plan may be revised according to the procedure for preliminary plan revisions and as set forth in § 305-11L, and a new ninety-day review period will begin as set forth in § 305-11L.
G. 
The Planning Commission shall review the final plan at its regularly scheduled public meeting and may discuss the final plan with the applicant to determine if the final plan meets the regulations and standards set forth in this chapter, and all other Township ordinances, codes, regulations, plans or maps. The Planning Commission shall promptly submit its report to the Board of Supervisors for consideration.
H. 
After a report on the final plan has been submitted to the Board of Supervisors by the Planning Commission, the Board shall place such final plan on its agenda for review and action, and shall notify the governing body of contiguous municipalities of the date and time that such final plan shall be considered so that said governing body (bodies) may have the opportunity to appear and comment.
I. 
Before acting on any final plan, the Board of Supervisors or Planning Commission may hold a public hearing thereon after public notice.
J. 
Before acting on any final plan, the Board of Supervisors shall be informed by the applicant of preliminary approval by PA DOT for highway occupancy, traffic controls, road improvements, and the like.
K. 
The Board of Supervisors shall, within the review period:
(1) 
Review the recommendations of the Township Planning Commission and other reviewing agencies;
(2) 
Determine whether the final plan meets the requirements of this chapter, other ordinances of the Township, and other application regulations;
(3) 
Review the recommendations of the Department of Environmental Protection, if any, and determine whether the plan is in conformance with the Township's Sewer Plan; and
(4) 
Approve or disapprove the final plan. Approval of the final plan may include certain conditions of approval. Whenever the final plan is approved subject to conditions, the applicant shall indicate whether such conditions are accepted or rejected within 15 days of the decision by the Board. Any such approval which is not accepted or rejected by the applicant within the fifteen-day period shall be rescinded automatically.
L. 
The decision of the Board of Supervisors to approve or disapprove the final plan shall be in writing and shall be communicated to the applicant or his agent not later than 15 days following the decision or at the end of the ninety-day period, whichever shall occur first.
M. 
If the final plan is approved:
(1) 
Approval shall not be final until entry into contract and production of completion and maintenance guarantee as set forth in Article X.
(2) 
Seven exact copies of the approved final plan shall be signed in accordance with § 305-14.
N. 
Every final plan approval shall be subject to the following conditions:
(1) 
The applicant shall execute a subdivision and land development agreement in accordance with § 305-13.
(2) 
The applicant shall execute a completion guarantee in accordance with Article X where applicable.
(3) 
The applicant shall tender a deed of dedication to the Township, if requested by the Board of Supervisors, for public improvements, easements and other appurtenances and improvements thereto after such improvements are completed and such completion is certified as being satisfactory by the Township Engineer.
(4) 
The filing with the Township of copies of all required permits, approvals, agreements, clearances and the like from all required governmental agencies (such as the PA DEP, PA DOT and/or the Township); authorities and companies which may provide water supply or sewage disposal facilities; and pipeline easement holders or others.
(5) 
The applicant shall pay any fees which may be outstanding.
O. 
In the event the final plan is not approved in terms as filed, the decision shall specify the defects found in the final plan and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or ordinance relied upon.
P. 
The applicant, if he desires to proceed, shall file a revised final plan with the Township Manager, following the same submission and review procedures required for the initial final plan submission.
Every applicant who seeks to obtain final plan approval shall execute an agreement to be approved by the Township before the final plan is signed by the Board of Supervisors and filed and recorded in accordance with §§ 305-12K and 305-14, respectively. The agreement shall include but need not be limited to the following:
A. 
That the applicant agrees that he will accurately lay out and properly construct all improvements and fulfill all practices and do all things according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved, or where any or all of these improvements or practices are required as conditions of approval; and file an as-built plan in accordance with §§ 305-16 and 305-30 to confirm same.
B. 
That the applicant shall complete the improvements and engage in the practices as referenced in § 305-15 within the time or times specified by the Board of Supervisors and in accordance with § 305-67.
C. 
That the applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the Township as set forth in Article X.
D. 
That the applicant agrees to tender a deed of dedication to the Township if requested by the Board of Supervisors for public improvements, easements and other appurtenances and improvements thereto, except that the Township shall not accept any offer of dedication of same by ordinance or resolution until their completion is certified as being satisfactory by the Township Engineer, and an accurate as-built plan is submitted and approved by the Township.
E. 
That the applicant shall comply fully with all of the terms and conditions of this chapter as the same relate to the subdivision or land development and all other Township ordinances, codes, regulations, plans and maps.
F. 
That the applicant, in the event that any proposed street is not be intended to be offered for dedication or not accepted by the Board of Supervisors, accepts stipulations which shall be noted on the final plan, such as the following:
(1) 
That the Township shall not be responsible for repairing or otherwise maintaining any undedicated streets.
(2) 
That the method of assessing repair and maintenance costs of undedicated streets shall be established in recorded deed restrictions so as to be binding on all successors, assigns or grantees.
(3) 
That if dedication be sought at any time the street shall conform in its entirety to Township design standards for same in all respects.
G. 
The subdivision and land development agreement shall be structured by the Township Solicitor to include provisions relating to the above, as well as other matters pertaining to certificates of insurance, water and sewer availability, emergency access, a three-party escrow agreement, and the like.
A. 
Within 90 days after the approval of the final plan by the Board of Supervisors, the applicant executes the subdivision and land development agreement and the completion and maintenance guarantee, as set forth in Article X, the applicant shall thereupon cause one copy of the final plan to be recorded in the Office of the Recorder of Deeds in and for the County of Delaware, Pennsylvania, and shall notify the Board of Supervisors, in writing, certified mail return receipt requested, of the date of such recording, and the Plan Book and page in which the same has been recorded. Should the plan not be recorded within such period, the action of the Board of Supervisors in approving the final plan shall be null and void.
B. 
The final plan to be recorded shall be an exact counterpart of the approved final plan and shall be filed with the Recorder of Deeds before proceeding with the sale of lots or construction of buildings or other structures or improvements. (While the Township will accept a maximum sheet size of 30 inches by 42 inches, please note that the Recorder of Deeds of Delaware County will not accept prints larger than 24 inches by 36 inches for recording purposes.)
(1) 
Six prints of the completed and signed record plan shall be provided and distributed in the following manner:
Number of Prints
Recipient
1
Applicant
1
Recording
2
Township files
1
Delaware County Planning Department
1
Township Engineer
(2) 
The following information shall appear on the record plan, in addition to the information required in § 305-26 for the final plan:
(a) 
The impressed seal of the surveyor who prepared the plan.
(b) 
The impressed corporation seal, if the applicant is a corporation.
(c) 
The impressed seal of a notary public or other qualified officer acknowledging owner's statement of intent.
(d) 
A statement to the effect that the applicant is the owner of the land proposed to be subdivided and that the subdivision shown on the final plan is made with his or their free consent and that it is desired to record the same.
(e) 
The following signatures shall be placed directly on the plan in black ink, on the bottom right side of the plan:
[1] 
The signature of the owner or owners of the land. If the owner of the land is a corporation, the signatures of the president and secretary of the corporation shall appear.
[2] 
The signature of the notary public or other qualified officer, acknowledging the owner's statement of intent.
[3] 
The signatures of the licensed engineer, architect, surveyor, or landscape architect, or other design professional who prepared the plan(s).
[4] 
The signature of the Township Engineer.
[5] 
The signatures of the majority of the Board of Supervisors.
[6] 
The signature of the Township Manager.
(f) 
The Delaware County Planning Commission stamp, certifying that it reviewed the final plan.
(g) 
The Edgmont Township seal, certifying approval.
C. 
Effect of recording.
(1) 
After a subdivision or land development has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the Official Map of the Township.
(2) 
Streets, parks and other public improvements shown on a subdivision or land development plan to be recorded may be offered for dedication to the Township by formal deed of dedication, and intent thereof, shall be noted on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the Township.
(3) 
Every street, park, or other improvement shown on a subdivision or land development plan that is recorded, as provided herein, shall be deemed to be a private street, park, or improvement until such time as the same has been offered for dedication to the Township and accepted, by resolution, and recorded in the Office of the Clerk of the Court of Delaware County, or until it has been condemned for use as a public street, park, or improvement.
D. 
Amendments to approved final plans. Proposed amendments to approved final plans shall be acted on in the same manner as the original approved plan.
A. 
No construction shall be commenced until the following applicable items have been addressed to the satisfaction of the Township:
(1) 
Plan approval; proof of recording; security agreement; developers' agreements; and building permits have been issued by the Township, along with any other Township permits, such as the grading/stormwater management permit application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
No construction shall be commenced until the applicant files with the Township Manager all permits, approvals, clearances and the like from government agencies (such as those from the PA DOT, the PA DEP and/or the Township); authorities and companies which may provide water supply or sewage disposal facilities; pipeline easement holders; or others.
C. 
The applicant shall commence construction of improvements within one year from the approval date of the final plan, unless approved otherwise by the Board of Supervisors.
D. 
In the case where development is projected over a number of years, each section, except for the last section, shall contain a minimum of 25% of the total number of lots, dwelling units or buildings as depicted in the final plan, unless a lesser percentage is approved by the Board of Supervisors.
E. 
A copy of the recorded plan shall be available at the construction site.
A. 
After final plan approval and within 90 days of completion of all required improvements, the applicant shall submit an as-built plan prepared, signed and sealed by an engineer or surveyor showing the location, dimension and elevation of all improvements in accordance with § 305-30.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Said plan shall indicate that the resultant construction, grading, drainage, sedimentation and soil erosion control structures and all other improvements are in conformance with the previously approved drawings and specifications. Said plan shall note any and all deviations from the previously approved drawings and specifications.
C. 
Three copies of the as-built plan shall be filed with the Township. The as-built plan shall be submitted before the final release of escrow funds for any major subdivision and/or land development.