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.
Preapplication 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.
Preapplication 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.
Preapplication 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 this chapter, 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 30th 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)
Upon receipt of an application for subdivision or land development
approval, the Township Secretary shall affix to the application the
date of submission.
(3)
Following submission of a subdivision or land development plan to
the Township for a formal review, no further documentation or additional
plans or plan sheets may be submitted to the Township for inclusion
with the plan under review. Any and all comments generated by the
Township Planning Commission will pertain to the plan officially submitted
for review. This policy shall apply to formal sketch, preliminary,
and final submissions. In the event the applicant desires to submit
a plan of substitution, the original plan shall be formally withdrawn
and a new review timetable shall commence.
F.
Bucks County Planning Commission review. All plans shall be submitted
to Bucks County Planning Commission by the applicant and reviewed
by the BCPC in accordance with its then prevailing rules and regulations.
A.
All filing, inspection and professional (engineering/legal) fees
and escrows shall be submitted to West Rockhill Township.
B.
A filing fee, escrow and professional services agreement shall accompany
the preliminary plan. No application shall be accepted or acted upon
unless payment is made to West Rockhill Township. The West Rockhill
Township Board of Supervisors shall establish by resolution a schedule
of fees and review escrows 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 West Rockhill Township.
C.
Review fees.
(1)
Review fees and escrows 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 or consultant for similar services
in the community, but in no event shall fees exceed the rate or cost
charged by the engineer 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 10 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 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 licensed as such by the Commonwealth of Pennsylvania and
chosen mutually by the Township and applicant or developer.
D.
An applicant shall, by filing a plan, be then obligated to pay the
fees and escrows herein provided. The engineering fees required to
be paid by this section shall be promptly submitted to the Township
by the applicant upon the submission of bills to the applicant from
time to time by the Board of Supervisors.
A.
Prospective subdividers and developers are strongly urged to discuss
possible development sites with the Planning Commission prior to submission
of a preliminary or final plan. The sketch plan may be submitted for
review by the Planning Commission. For major developments, the applicant
is encouraged to also submit sketch plan application for review to
the Bucks County Planning Commission. When requested by the applicant
and upon payment of an engineering review fee and escrows, the sketch
plan will be forwarded to the Township Engineer for a formal sketch
plan review.
B.
Submission of a sketch plan does not constitute a formal filing of
a subdivision or land development plan with 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 and shall
follow the procedure applying thereto, if the additional subdivision
is submitted for review within seven years of the approval of the
minor subdivision.
A.
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, Fire Marshall, and Municipal authorities.
(b)
The application form shall be accompanied by the requisite fee, escrow and professional services agreement as set forth in § 365-9 of this chapter and the number of copies of plans, documents, and digital data formats; and be submitted in accordance with the guidelines for submission as established by resolution of the Board of Supervisors.
(c)
The Township Secretary shall forward one copy of the preliminary
plan prints and one copy of required material to any agency he/she
deems appropriate for review and comment.
(d)
The Township Secretary shall forward two copies of the preliminary
plan prints and required materials to the Township Engineer for review
and comment.
(e)
The Township Secretary shall forward the remaining copies of
the preliminary plan prints and required materials to the Planning
Commission.
(f)
When applicable, the submission shall be accompanied by a planning
module for land development, as required by the Pennsylvania Department
of Environmental Protection.
(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, Chapter 450, Zoning, and all other applicable ordinances and regulations of the Township.
(c)
The Planning Commission should act on the preliminary plan in
time for the Board of Supervisors to render their decision within
90 days from the official filing date; unless review period has been
extended by written request submitted to the Township by the applicant.
Any requests for modification or waiver of the requirements of this
chapter shall be in writing in accordance with the Municipalities
Planning Code (MPC), Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended, and must be submitted with the preliminary plan.
Requests for modification or waiver of ordinance requirements shall
be reviewed by the Planning Commission for advisory comments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Planning Commission recommendation.
(a)
The Planning Commission may recommend whether the preliminary
plan shall be approved, approved with modifications, 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, Township staff, Bucks County Planning Commission, interested residents, and any agency or agencies from which a review was requested under § 365-13A(1)(c) of this chapter.
(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)
Resubmission 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)
Approval of preliminary plans.
(a)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date, unless review period has been
extended by written request submitted to the Township by the applicant.
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
Section 503(9) of the Pennsylvania Municipalities Planning Code[1] and, in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[1]
Editor's Note: See 53 P.S. § 10503(9).
B.
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/she must submit a final plan in accordance with the provisions
of Section 508 of the Municipalities Planning Code.[2] Application to the Bucks County Planning Commission with
appropriate fee must be completed by the applicant when deemed necessary
by the Township.
[2]
Editor's Note: See 53 P.S. § 10508.
(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 a guarantee for the installation of improvements which meets the requirements of Article VI, prior to the release of the final plan for recording.
(d)
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.
(e)
Final plan submission shall include the required number of final
subdivision or land development plans, associated documents, and digital
format data; and be submitted in accordance with the guidelines for
submission established by resolution of the Board of Supervisors.
(f)
Upon receipt of final plan, the Township Secretary shall forward
plans and 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.
(2)
Review of final plans.
(a)
The Planning Commission will review the plan and requisite materials
for compliance with the approved preliminary plan and for conformance
to requirements of this chapter.
(b)
The Board of Supervisors shall render their decision within
90 days from the official filing date; unless review period has been
extended by written request submitted to the Township by the applicant.
(3)
Planning Commission recommendation.
(a)
The Planning Commission may 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 § 365-13A(1)(c).
(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)
Resubmission 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 from the
official filing date; unless review period has been extended by written
request submitted to the Township by the applicant.
(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)
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
Section 503(9) of the Pennsylvania Municipalities Planning Code[3] and in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[3]
Editor's Note: See 53 P.S. § 10503(9).
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare three Mylar reproductions and three paper prints of
the original final record plan sheets, and five complete plan sets
of 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 90 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 approval of the final plan 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 West Rockhill 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.
(d)
Plans shall be recorded at the Bucks County Courthouse by the
Township. All costs associated with recordation of the plans shall
be the responsibility of the developer.
A.
General. All residential subdivisions and land developments with open space required pursuant to Chapter 450, Zoning may be reviewed by the Township Park and Recreation Board when deemed necessary by the Board of Supervisors.
B.
Procedure.
(1)
The applicant shall prepare to 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 plans submitted pursuant to § 365-13.
(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 § 365-13, shall forward to the Chairman of the Township Park and Recreation Board or designee, the two copies of the preliminary plan.
(3)
The Township Park and Recreation Board shall review the plans as
submitted and shall report to the Planning Commission promptly. 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 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.
(4)
The Park and Recreation Board 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 upon receipt for their review and
comments.
When an application for approval of a plan, whether preliminary or final, has been approved without conditions or approved by the applicant's passive or active acceptance of conditions, no subsequent change or amendment in Chapter 450, Zoning, this chapter 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 Section 508 (4)(v) and (vi) of the Pennsylvania Municipalities Planning Code[1] 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.
[1]
Editor's Note: See 53 P.S. § 10508(4)(v) and (vi).
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 of
intent of this chapter is observed.
B.
Procedure. All requirements 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 this chapter involved, and the minimum modification necessary.
C.
Requests for modification may be referred to the Planning Commission
for advisory comments.
