The purpose of a final plan is to seek formal approval by the Supervisors and the Planning Commission before plans for all subdivisions and land developments are recorded. See the requirements of Article VII for a project that involves a) a lot line adjustment or b) minor corrections or minor revisions to a previously approved plan as specified in § 375-40.
A.
Final plan submission required.
(1)
A final plan submission for each subdivision or land development
must be submitted by the applicant and reviewed in accordance with
the provisions of this article.
(2)
A final plan shall be submitted only after a preliminary plan has
been approved by the Planning Commission and the Supervisors, if a
preliminary plan is required.
B.
Final plan submission deadline.
C.
Required submission and procedures.
(1)
The applicant shall submit to the Township Planning Administrator by the submission deadline as is defined in Article II, Definitions.
[Amended 11-3-2004 by Ord. No. 2004-4]
(3)
Applicant's distribution. The applicant is fully responsible for
the following:
(a)
Securing agreements with the appropriate utility companies.
(b)
Securing a highway occupancy permit from PennDOT for access
to or work within state highway right-of-way.
(c)
Securing all required permits and/or approvals from any agency
outside of the Township, for example: DEP, Army Corp. of Engineers,
Lehigh Valley Planning Commission, etc.
(d)
Securing approval from the County Conservation District for
a soil erosion and sedimentation control plan, if earth disturbance
is proposed.
(e)
Securing zoning approval from the Township Zoning Hearing Board,
if applicable.
(4)
The final plan shall conform with the approved preliminary plan with
the addition of any conditions and changes required by the Township
and or outside agencies during the preliminary plan review.
(5)
A detailed list of revisions from the approved preliminary plan shall
be provided whenever a revised plan is submitted. The developer's
plan preparer shall certify that the list of revisions is complete.
D.
Initial determination of acceptability/completeness.
(1)
The Administrator will review the submission for the necessary administrative information and material within seven days of submission by the applicant. Guidelines for this review are denoted as being: "A. General submission items" on the checklist in § 375-37.[1]
[1]
Editor's Note: Said checklist is included as an attachment
to this chapter.
(2)
If the Administrator determines that the submission is complete,
the plan will be filed for review at the next regularly scheduled
Planning Commission meeting and the Administrator will provide a final
plan receipt to the applicant.
(3)
If the Administrator determines that the submission is incomplete,
the submission will be returned to the applicant with deficiencies
indicated, in writing, and the submission shall thereby be deemed
as not having been presented.
E.
Review by the Township Engineer/consultants and staff.
(1)
Prior to the Planning Commission meeting when the final plan is reviewed,
the Township Engineer/consultants shall review the final plan submission
and prepare a written report to the Commission. The Zoning Officer,
as well as other Township staff, may also prepare written review reports.
(2)
The Township Engineer/consultants may make additional reports and
recommendations to the Commission and Supervisors during review of
the plan.
(3)
The applicant and/or his/her preparer shall make reasonable efforts
to resolve technical engineering considerations outside of and prior
to Planning Commission meetings. The Township Engineer/consultants
may require the applicant or his/her plan preparer to meet with the
Township Engineer/consultants or Township staff for this purpose.
(4)
A copy of written findings of the Township Engineer/consultants and
staff should be sent or handed in person to the applicant or his/her
representative by the Township staff.
F.
Site inspection. The Planning Commission, Township Engineer/consultants
and Township staff may conduct inspection(s) of the proposed subdivision
or land development with the consent of the owner prior to taking
action on the plan. If weather conditions prevent a proper and adequate
inspection, the Planning Commission may take conditional action subject
to a subsequent inspection.
G.
Review by Planning Commission. The Planning Commission shall accomplish
the following within the time limitations of the Pennsylvania Municipalities
Planning Code (unless the applicant grants a written time extension),
while allowing a sufficient number of days within this deadline for
a decision by the Supervisors.
(1)
Review the final plan submission and applicable reports.
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
(3)
Require revisions to the submission that are needed to comply with
this chapter.
(4)
Recommend approval or rejection of the final plan submission in a
written report to the Supervisors that specifies and recommends conditions
for approval, identifies defects found in the application, describes
requirements which have not been met and cites the provisions of the
ordinance relied upon.
(5)
If the Planning Commission determines that the final plan as submitted,
departs substantially from the approved preliminary plan, they may
direct the applicant to submit a revised preliminary plan (with the
applicable review fees required) and process the application as such.
H.
Review by the Board of Supervisors. The Supervisors shall:
(1)
Review the report of the Commission and any other applicable reports;
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances;
(3)
Approve or reject the final plan submission within the time limits
required by the Pennsylvania Municipalities Planning Code.
I.
Decision by Board of Supervisors.
(1)
The decision of the Supervisors shall be in writing and shall be
communicated to the Applicant as specified in the Pennsylvania Municipalities
Planning Code.
(2)
Dedications.
(a)
The approval of the final plan by the Supervisors shall not
by itself constitute an acceptance of the dedication of any street
or other proposed public way, space, or area, easement or recreational
facility, unless the such acceptance is specified at such time.
(b)
Any such acceptance of dedication shall only occur after formal
action of the Township.
(c)
If the Supervisors elect to accept lands offered for dedication,
the submission shall be accompanied by duly executed instruments of
conveyance to the Township. Such instruments shall state that the
title thereof is free and unencumbered, and shall include a metes
and bounds description of said lands.
(3)
Rejection. When a final plan submission is rejected, the decision
shall specify defects found in the Submission, shall describe requirements
which have not been met, and shall cite the provisions of the statute
or ordinance relied upon in each case.
J.
Development in phases.
(1)
If requested by the applicant, the Supervisors may permit the undertaking
of the required improvements and the preparation of the final plan
to be completed in a series of phases, each covering a portion of
the proposed subdivision or land development as shown on the preliminary
plan, provided the preliminary plan has been recorded.
(2)
If final plans are to be submitted in phases, each phase shall provide
sufficient access, utilities and amenities to allow the development
to properly function if future phases are not built.
(3)
The boundaries of phases and the timing of related improvements shall
be subject to the approval of the Supervisors.
K.
Statement of approval. At the request of the applicant, the Township
shall furnish the applicant with a signed copy of a resolution indicating
approval of the applicant's final plan contingent upon the applicant
obtaining satisfactory financial security for all of the improvements
contemplated. The final plan will not be signed by Township officials
until an improvements agreement is executed. The resolution of contingent
approval shall expire and be deemed to be revoked if the improvements
agreement is not executed within 90 days of final approval of the
Supervisors, unless a written extension is granted by the Township.
All of the information and materials listed in this section
are required parts of final plans for: 1) a subdivision or 2) a land
development. This list of requirements shall serve as both a list
of requirements, and as a checklist for the applicant and the Township
to ensure completion of submissions.[1] The applicant shall submit completed copies of this section
as part of the application.
[1]
Editor's Note: Said checklist is included as an attachment
to this chapter.
