Township of North Franklin, PA Procedures

Prior to filing an application for approval of a subdivision or land development within the Township, the owner, or his authorized agent, shall be required to meet with the Township Zoning Officer for an official classification of the proposed subdivision or land development. The Zoning Officer shall determine whether the proposal shall be classified as a minor subdivision, a major subdivision, or a land development. This meeting shall be considered a "preapplication consultation," and the date of such meeting shall be recorded by the Zoning Officer in the Township's records.

Preapplication consultation date shall be the date of the initial meeting between the owner, or his authorized agent, and the Township's Zoning Officer.

Plan submittal.

The applicant shall submit a complete application on a form prepared by the Township for subdivision and land development approval to the Zoning Officer. The Zoning Officer shall evaluate the submittal for compliance with the Township's zoning requirements (Article IV) and shall review the materials, drawings, plans, and supporting documentation. If the application meets all the requirements set forth in Article IV for a preliminary or final plan, the application shall be considered complete, and the Zoning Officer shall certify that the plans are complete and refer the application to the Township's Planning Commission. Such certification shall not represent an opinion on engineering and legal matters. If the application is incomplete, the Zoning Officer will return the application to the applicant within 10 working days with written explanation from the Township indicating its deficiencies.

Plan submittal date shall be the date the Zoning Officer receives the completed subdivision and land development application from the applicant. The date shall be stamped on the application and made part of the official Township file.

(3)

All plans shall be submitted to, and reviewed by, the Washington County Planning Commission in accordance with its prevailing rules and regulations. The Township shall forward to the applicant a copy of any report of the County Planning Commission.

Official filing date.

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 submission of a complete application, as defined in B(1) and (2) above, with all accompanying plans to the Township. This date will start the ninety-day review and decision period referred to in Section 508 of the Municipalities Planning Code.[1] In the event the next regular meeting occurs more than 30 days following the submission of the application, the official filing date shall be the thirtieth day following the day the application was submitted.

[1]

Editor's Note: See 53 P.S. § 10508.

Official filing date shall be noted in record at the regular meeting by the Chairman of the Township Planning Commission and a letter confirming the same shall be forwarded to the applicant and Township Supervisors.

Submittal of plans.

Within 10 working days of the receipt of an application for subdivision or land development approval, the Zoning Officer shall review the submittal for thoroughness and completeness of materials, drawings, and supporting documentation in accordance with the requirements of Article IV of this chapter. If the application satisfies all the requirements stated in Article IV for a preliminary or final plan, the application shall be considered complete, and the Zoning Officer shall affix to the application both the date of submittal and the official filing date. If the application is incomplete, it shall be returned to the applicant with correspondence from the Township indicating its deficiencies.

All plans shall be submitted to and reviewed by the Washington County Planning Commission in accordance with its prevailing rules and regulations. The Township shall forward to the subdivider a copy of any report of the County Planning Commission.

§ 390-303 Fee schedule.

All filing, inspection and engineering fees shall be submitted to the Township.

Plan filing fee. A filing fee shall accompany the preliminary plan. No application shall be accepted or acted upon unless payment is made to the Township. The Board of Supervisors shall create, 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.

Inspection and engineering fees.

The applicant shall pay the appropriate fees as fixed from time to time by separate resolution of the Board of Supervisors for the following services:

Reviewing the plan's engineering details and for conformance to the requirements of Chapter 460, Zoning.

Inspecting the layouts of the site for conformance to the survey and plan.

Reviewing the results of the soils tests, and any other tests determined to be necessary by the Municipal Engineer.

Preparing cost estimates of required improvements.

Inspecting required improvements during installation.

(f)

Final inspection on completion of installation of the required improvements.

§ 390-304 Procedures for simple subdivisions, right-of-way/easement revisions, minor subdivisions, minor land development and plan adjustments.

An applicant shall, by filing a plan, be then obligated to pay the fees 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.

[Amended 11-21-2000 by Ord. No. 21-2000; 4-18-2007 by Ord. No. 3-2007; 7-13-2021 by Ord. No. 2-2021]

Simple subdivision and right-of-way/easement revisions. Simple subdivisions and right-of-way/easement revisions shall be subject to review by the Washington County Planning Commission, Zoning Officer and Township Engineer prior to approval by the Board of Township Supervisors. The Township Zoning Officer and Township Engineer shall reserve the right to determine what requirements of Article IV, § 390-403, may be waived.

Minor subdivision and land developments. Minor subdivisions and land developments shall be subject to review by the Washington County Planning Commission, Zoning Officer and Township Engineer, and only to the North Franklin Township Planning Commission if deemed necessary by the Township Zoning Officer. The requirements of Article IV, § 390-403, may be waived by the Zoning Officer upon recommendation by the Township Engineer. Minor subdivisions and land developments shall be reviewed and approved by the Board of Township Supervisors.

Plan adjustments. Plan adjustments shall be reviewed by the Washington County Planning Commission, the Zoning Officer, Township Engineer, and the North Franklin Township Planning Commission. Plan adjustments shall be required to meet the same requirements as the minor subdivision and land development except as waived by the Zoning Officer upon the recommendation of the Township Engineer. All plan adjustments shall be reviewed and approved by the Township Board of Supervisors.

§ 390-305 Major subdivision and land development procedures.

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 shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered. 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 § 390-401.

Preliminary plans.

Submission of preliminary plans.

The preliminary plan and all information and procedures relating thereto shall be in compliance with the applicable provisions of this chapter. It is the responsibility of the subdivider or developer to coordinate his plans with the respective private and public service agencies.

The application form shall be accompanied by the requisite fee as established by resolution of the Board of Supervisors, and by two hard copies and an electronic/digital copy of all required materials and the preliminary plans of the subdivision or development. The requisite fee shall include sums sufficient to cover the cost of review by the Washington County Planning Commission.

[Amended 5-9-2023 by Ord. No. 2-2023]

The Zoning Officer shall forward one copy of the preliminary plans and one copy of the required material to the Washington County Planning Commission and the Washington County Conservation District or such other agencies as he deems appropriate for review and comment.

The Zoning Officer shall forward the remaining copies of the preliminary plan prints and required materials to the Planning Commission.

When applicable, the application form shall be accompanied by a planning module for land development, as required by the Pennsylvania Department of Environmental Protection.

Review of preliminary plans.

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.

The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and Chapter 460, Zoning.

The Planning Commission shall act on the preliminary plan within 60 days of the official filing date, but, in any event, shall act on the plan in time for the Board of Supervisors to render their decision within 90 days from the official filing date. In the event that any waiver from the provisions of this chapter is requested by the applicant or is deemed necessary for approval, the waiver and the reasons for its necessity shall be entered into the records of the Board of Supervisors in accordance with the provisions of § 390-801 of this chapter.

(3)

Planning Commission recommendation.

The Planning Commission shall recommend whether the preliminary plan shall be approved, approved with conditions, or disapproved, and shall notify the Board of Supervisors in writing thereof, including, if disapproved, a statement of reasons for such action, and shall reference the applicable sections of this chapter where the applicant has failed to satisfy the requirements of this chapter.

In making its recommendation, the Planning Commission shall consider the recommendations of the Zoning Officer, the Municipal Engineer, the Washington County Planning Commission, interested residents, and the recommendations of any agency or agencies from which a review was requested.

(4)

Township Engineer review. All plans shall be reviewed by the Township Engineer, which approval shall precede the approval of such plans by 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.

(6)

Approval of preliminary plans.

The Board of Supervisors shall act on the preliminary plan within 90 days of the official filing date. Failure to do so shall be deemed an automatic approval. Before acting on a preliminary plan, the Board of Supervisors may hold a hearing thereon after public notice.

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 any statute or this chapter which have not been fulfilled.

Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, 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.

Final plans.

Submission of final plans.

After the subdivider or developer has received official notification from the Board of Supervisors that the preliminary plan has been approved, he may submit final plans.

The final plans shall conform in all respects with the approved preliminary plans. If it does not, the plan submitted shall be considered a revised preliminary plan and shall be forwarded by the Zoning Officer to the Planning Commission for their review and recommendations.

The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Article VI of this chapter.

The application form shall be accompanied by the requisite inspection and engineering fees described in § 390-303C and defined by resolution of the Board of Supervisors.

The subdivider or developer shall submit a reproducible original of the plans, nine prints of the final subdivision or land development plans and nine copies of all other required information.

(f)

Upon receipt of the final plan, the Zoning Officer shall forward the original plans and five copies of the plans and one copy of all the other material to the Planning Commission for review and recommendation; one copy of the plan and one copy of all other material to the Washington County Conservation District for review and comments; one copy of the plan to the Municipal Engineer; and copies to such other agencies whose recommendations would be pertinent to the processing of the plan.

(g)

The developer shall submit three copies of the plan and one original and the required fee to the Washington County Planning Commission.

Review of final plans.

The Planning Commission will review the plan and requisite materials for compliance with the approved preliminary plan and for conformance to the requirements of this chapter.

The Planning Commission shall act on the final plan within 60 days of the official filing date of the final plan submission.

(3)

Planning Commission recommendation.

The Planning Commission shall recommend whether the final plans shall be approved, approved with conditions, or disapproved, and shall notify the Board of Supervisors in writing thereof, including, if approved with conditions or disapproved, a statement of reasons for such action, and shall reference the applicable sections of this chapter where the applicant has failed to satisfy the requirements of this chapter.

In making its recommendation, the Planning Commission shall consider the recommendations of the staff, the Municipal Engineer, the Washington County Planning Commission, the Washington County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under § 390-305C(1)(f).

(4)

Township Engineer review. All plans shall be reviewed by the Township Engineer, which approval shall precede the transmission of such plans to the Board of Supervisors.

(5)

Resubmission of final plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.

(6)

Approval of final plans.

The Board of Supervisors will not take official action to approve a final plan unless it is accompanied by proof of financial security satisfactory for the installation of improvements which meet the requirements of Article VI, § 390-612.

The Board of Supervisors shall take action within 90 calendar days from the official filing date of the final plan. Failure to do so shall be deemed an approval.

The Board of Supervisors shall notify the applicant, in writing, of its decision to approve, approve with conditions, or disapprove the final plan. 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 final plan is disapproved, the Board of Supervisors shall specify the defects found in the plan and the requirements which have not been met, including specific reference to the provisions of any statute or this chapter which have not been satisfied.

If the final plan is approved subject to conditions, the Board of Supervisors shall not endorse the plan until all of the conditions have been met. Further, all of the conditions must be met within 90 days of the date that the final plan is approved subject to conditions. If all of the conditions are not met within 90 days of approval, the approval shall be withdrawn and the plan shall be deemed disapproved.

If the Board of Supervisors approves the final plan or grants a conditional approval, they shall set the amount of bonding or other security necessary to guarantee the construction of improvements and community facilities and shall state such amount in the notice to the applicant.

(7)

Recording of final plans.

Upon approval of the final plans, without conditions, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no less than four prints thereof which shall be submitted to the Township not later than 30 days after approval. These plans will be signed by the Board of Supervisors. A copy of the signed final plan shall be recorded in the office of the Washington 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 and the plan deemed disapproved. The final plan must be recorded before proceeding with the sale of lots or construction of buildings. Should the final plans be approved subject to conditions, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no less than four prints thereof which shall be submitted to the Township not later than 30 days after approval. These prints shall then be held until such time as all of the conditions attached to the approval have been met and will be signed by the Board of Supervisors only upon satisfaction that all conditions attached to the approval have been met. A copy of the signed final plans shall be recorded in the office of the Washington County Recorder of Deeds within 90 days after the approval, subject to conditions, or the approval of the Supervisors shall be null and void and the plan deemed disapproved. The final plan must be recorded before proceeding with the sale of lots or construction of buildings.

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 or Township concerning maintenance or improvements by ordinance or resolution.