A.
General description of procedures. Each application for review of a subdivision and/or land development shall be made on a form prescribed by the Township. The procedures for consideration of a subdivision and/or land development include:
(1)
(2)
Mandatory plan procedures.
(a)
Preliminary/final plan (§ 178-11A). This procedure is a combined submission of a preliminary plan and final plan application.
(b)
Preliminary plan application followed by final plan application (Section § 178-11C). This procedure is for receiving separate approval of a preliminary plan application before submission of a final plan application. This procedure accommodates phased development and other procedural benefits that are derived from a multilevel submission process.
(3)
Special plan procedures.
(a)
Temporary family housing [§ 178-12B(1)]. This type of housing is defined and regulated in the Zoning Ordinance[1] and is not required to comply with the processing procedure specified in this chapter.
(b)
Revised final plan application [§ 178-12B(2)]. This procedure is for correction of an obvious error or a minor alteration in a previously approved application.
(c)
Lot line adjustment plan application [(§ 178-12B(3)]. This procedure is for an addition of a parcel of land to an abutting lot with no additional lot being created.
B.
Discretionary procedures. Procedures described in this chapter that are not mandated by the provisions of the MPC are discretionary as to the Township's obligation. Failure of the Township to abide by such procedures shall not invalidate any action taken herein. However, all procedures are mandatory as to the applicant, unless waived by the Board of Supervisors, pursuant to§ 178-13.
C.
Township staff and consultant review. Each application is subject to Township staff and consultant review prior to recommendation by the Planning Commission and decision by the Board of Supervisors. The applicant is not entitled to participate in, or be present at, any Township staff or consultant review; however, where deemed appropriate, the applicant and/or agent may be invited to attend.
D.
Decision by Board of Supervisors. The official Township decision on any application filed under this chapter rests solely with the Board of Supervisors.
E.
Special exception or conditional use. Whenever the Zoning Ordinance[2] provides that the use proposed by the applicant constitutes a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or the Board of Supervisors, as applicable, prior to the submission of an application for preliminary/final plan or final plan approval. The application shall conform to any conditions which have been imposed upon the granting of such special exception or conditional use by the Zoning Hearing Board or the Board of Supervisors, as applicable.
F.
Variance. Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of the Township Zoning Ordinance,[3] the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of the final plan. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the granting of such variance or variances by the Zoning Hearing Board.
G.
Application revisions after submission. Revisions or additions to the application are not permitted after the Planning Commission makes a recommendation to the Board of Supervisors. Only the material acted upon by the Planning Commission will be considered by the Board of Supervisors.
H.
Schedule for review and action.
(1)
The time frame for review and action with respect to subdivision and/or land development applications shall be as set forth in the MPC.
(2)
At such time and under such circumstances as the Township staff and consultants shall determine that Planning Commission and/or Board of Supervisors review is appropriate, the application shall be placed on the next available Planning Commission or Board of Supervisors agenda and the applicant so notified. Attendance at the Planning Commission and Board of Supervisors meetings by the applicant or agent is expected.
I.
Fees. The Township shall establish by resolution certain fees to be paid at the time of filing an application for plan review. Upon filing of an application, the Township shall establish an account in the name of the applicant and bill to the account those fees and expenses incurred in the course of review as permitted by law. Any failure by the applicant to pay such fees as required by the application shall constitute grounds for rejection of the application.
J.
Effect of plan notes. All notes on an approved plan shall be deemed mandatory and constitute requirements, obligations, covenants, or restrictions, all of which shall run with the land and bind the applicant and its agents, servants, employees, contractors, transferees, grantees, heirs, successors, and assigns.
K.
Submission of multiple design concepts. The submission of more than one design concept for the same property is allowed, provided each design concept is a separate, independent, application and fee. Each submission shall reference withdrawal of all other design concepts when approval of the application is attained. No applicant is entitled to approval of multiple design concepts for the same property.
L.
Applicant's duty of good faith.
(1)
Upon the filing of an application for review under this chapter, the applicant shall exercise good faith and promptly address or otherwise respond substantively to the review comments and requirements of the Township and its staff and consultants.
(2)
It is the duty of the applicant to move the plan to completion in a prompt, timely, and diligent manner so as to enable formal action by the Township Planning Commission or Board of Supervisors, as the case may be, and to comply with all conditions of plan approval imposed by the Board of Supervisors, and to record the plan.
(3)
The Township is not obligated to accept an applicant's offer of a time extension for plan review or grant a continuance of any hearing, meeting, or review.
M.
Unsworn falsification to authorities. All statements made, whether written or oral, to the Township in the course of the land development plan or subdivision plan procedures, shall be true and correct to the best of the knowledge, information and belief of the applicant or its agents and consultants, and with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
N.
Submission constitutes public record (waiver of copyright). By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted to the Township or it's consultants pursuant hereto constitute public records within the meaning of the Pennsylvania Right to Know Law, Act 3 of 2008, as amended,[4] and are subject to review and reproduction upon request in accordance with that Law and applicable Township requirements. Any such submission shall no longer be subject to protection under the Copyright Act as it relates to reproduction with regards to the Pennsylvania Right to Know Law, Act 3 of 2008, as amended, and any party making such submission expressly waives such copyright protection.