[Added 5-4-2005 by Ord. No. 137]
[1]
Editor's Note: Original Article 4, Procedure, of Ord. No. 114, which immediately preceded this article, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All preliminary and final subdivision or land development plans shall be referred to and reviewed by the Planning Commission and shall be approved or disapproved by the Board of Supervisors in accordance with the procedures specified in this article and in other sections of this chapter. Any application not processed as required herein shall be null and void unless it was made prior to the adoption of this chapter.
B. 
Overview of procedures. Items in Subsection B(1) and (5) through (9) below are required under this chapter, unless specifically waived by the Township. Items in Subsection B(2) through (4) (pre-sketch-plan conference, site inspection by Planning Commission and applicant, and sketch plan submission and review) are optional but strongly encouraged as important, valuable and highly recommended steps that will speed the review process and may result in lower costs for the project. The following steps shall be followed sequentially, and may be combined only at the discretion of the Township:
(1) 
Existing resources and site analysis plan, as described in § 450-40C of this chapter.
(2) 
Pre-sketch-plan conference.
(3) 
Site inspection by Planning Commission and applicant.
(4) 
Sketch plan submission and review (diagrammatic sketch, optional step).
(5) 
Conceptual preliminary plan; determination of completeness; preliminary resource conservation plan and sewage planning module submission, review by Township and County Planning Commissions and Township Engineer; and approval by Supervisors on advice of the Township Planning Commission. (In the Conservation Design Overlay District, the four-step design process described in § 450-40D of this chapter must be followed.)
(6) 
Detailed final plan preparation. Incorporation of all conceptual preliminary plan approval conditions, documentation of all other agency approvals, as applicable.
(7) 
Detailed final plan submission. Determination of completeness, review, and approval.
(8) 
Township Board signatures.
(9) 
Recording of approved detailed final plan with the Monroe County Recorder of Deeds.
C. 
If an applicant requests to have the Township Engineer attend the preapplication meting, site inspection, or presketch conference, or review and issue a report on a sketch plan, the applicant shall reimburse the Township for the cost of the Township Engineer's attendance and/or report.
A. 
Classification. For purposes of procedure, all applications shall be classified as either major or minor:
(1) 
Minor. A minor subdivision is any subdivision which meets all of the following criteria:
(a) 
No new public or private street is constructed, or no existing public or private street is required to be lengthened or widened.
(b) 
No other completion of public improvement or guarantee thereof is required other than individual on-lot stormwater management systems.
(c) 
No earthmoving activities will take place except those incidental to construction of a single-family detached dwelling on each lot.
(d) 
No more than three lots are created.
(2) 
Major. Any land development or subdivision application not in compliance with § 450-15A(1) or any part thereof, or for any use other than single family detached residential, shall be considered a major subdivision plan.
B. 
Review.
(1) 
Major applications shall be subject to all review procedures specified in this article.
(2) 
When an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section shall not constitute approval of the future subdivision shown thereon.
A. 
Applicability. A diagrammatic sketch plan is strongly encouraged for all proposed minor or major subdivisions. Sketch plans, as described in §§ 450-32 and 450-39 of this chapter, shall be submitted to the Township for review by the Planning Commission. Such plans are for informal discussion only. Submission of a sketch plan does not constitute formal filing of a plan with the Township, and shall not commence the statutory review period as required by the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] The procedure for submission of a diagrammatic sketch plan is described below, and may be altered only at the discretion of the Township.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Existing resources and site analysis plan. The applicant shall submit an existing resources and site analysis plan, in its context, prepared in accordance with the requirements contained in § 450-40C. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for officials in making a site inspection. This plan shall be provided prior to the site inspection, and shall form the basis of the development design as shown on the diagrammatic sketch plan (or on the conceptual preliminary plan, if the optional sketch plan is not submitted).
C. 
Pre-sketch-plan conference. Prior to the site inspection and submission of a diagrammatic sketch plan, the applicant shall meet with the Planning Commission to develop a mutual understanding on the general method for subdividing and/or developing the tract in accordance with the four-step design procedure described in § 450-40D of this chapter, where applicable. At the discretion of the Planning Commission, this conference may be combined with the site inspection.
D. 
Site inspection. After preparing the existing resources and site analysis plan, the applicant shall meet with the Planning Commission and other Township officials for a site inspection of the property, and shall distribute copies of the site analysis plan at that on-site meeting. The applicant, the site designers, and the landowner are encouraged to accompany the Planning Commission. The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated greenway lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by Township officials or their staff and consultants shall be interpreted as being only suggested. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.
E. 
Sketch plan submission and review.
(1) 
Copies of a diagrammatic sketch plan, meeting the requirements set forth in § 450-39, shall be submitted to the Township Secretary during business hours for distribution to the Board, the Planning Commission, the Township Engineer and applicable Township advisory boards, at least 14 days prior to the Planning Commission meeting at which the sketch plan is to be discussed. The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the existing resources and site analysis plan. The sketch plan shall also be designed in accordance with the four-step design process described in § 450-40D, and with the design review standards listed in §§ 450-50 and 450-51.
(2) 
The Planning Commission shall review the sketch plan in accordance with the criteria contained in this chapter and with other applicable ordinances of the Township. Without starting the timetable as required by the Municipalities Planning Code,[2] the Planning Commission shall informally advise the applicant of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter, and may suggest possible modifications that would increase the degree of conformance.
(a) 
This review shall include but not be limited to:
[1] 
The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, stormwater management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's existing resources and site analysis plan and on the Township's Map of Potential Conservation Lands.
[2] 
The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels.
[3] 
The location of proposed access points along the existing road network.
[4] 
The proposed building density and impervious coverage.
[5] 
The compatibility of the proposal with respect to the objectives and policy recommendations of the Comprehensive Plan and the Open Space Plan.
[6] 
Consistency with Chapter 525, Zoning.
(b) 
The Commission shall submit its written comments to the applicant and the Board.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(3) 
The Township may require the applicant to submit the sketch plan to the Monroe County Planning Commission for review and comment. The County Planning Commission shall submit its written comments to the applicant and the Board.
(4) 
The Township may request the applicant to submit a second draft of the sketch plan to ensure that all review comments have been properly incorporated into the revised plan. This request shall be included in the written comments described above. The Township may request a third or fourth draft depending on the plan's conformance to the agreed upon design goals. Each draft shall be submitted for review and comment by the Township Planning Commission before proceeding on to the Board.
A. 
The conceptual preliminary plan is a preliminarily engineered scale drawing in which layout ideas are illustrated in more than the rough, diagrammatic manner appropriate for sketch plans, but before heavy engineering costs are incurred in preparing detailed alignments and profiles for streets, and/or detailed calculations for stormwater management. If an applicant opts not to submit a sketch plan, the conceptual preliminary plan shall include all information required for sketch plans listed in § 450-39, specifically including the existing resources and site analysis plan, plus further details as noted below and in § 450-40.
B. 
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 agent, if any. No application shall be deemed filed unless all requirements have been met and all fees paid in full.
C. 
The application window and deadline dates for submission of conceptual preliminary plans shall be as follows.
(1) 
Applicants shall submit to the Township Secretary 14 days prior to the date of the next regularly scheduled Planning Commission meeting at which official review is requested, seven copies of a complete conceptual preliminary plan and all other required documents and information, including the same number of copies of the existing resources and site analysis plan drawn at the same scale (generally one inch equals 100 feet or one inch equals 200 feet, at the discretion of the Township Engineer).
(2) 
All applications shall be accompanied by full payment of the required fees and escrow deposits established in accordance with the terms of this chapter for proposed subdivisions.
(3) 
The Township Secretary shall note the date of receipt of the application, fees, and escrow deposit, and shall forward copies of the proposed plan to the appropriate individuals and bodies.
(4) 
At its next meeting, the Township Planning Commission shall examine the application for completeness. If deemed complete, the Township shall accept the plan for review and comment. The official ninety-day review period provided for preliminary plans under the Municipalities Planning Code[1] shall commence at the Planning Commission meeting at which the plan is accepted for review.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
The date of receipt is subject to review by the Township to determine if all required materials, fees and escrow deposits have been submitted by the applicant. If the application is defective or incomplete, the applicant shall be notified, in writing, within 15 days of the date of receipt and the application shall be null and void ad initi, and shall be deemed withdrawn by the applicant. If no such notice is given to the applicant that the application is defective or incomplete, then the date of filing shall be determined as follows: the review process for the plans required by the Township shall include no more than 90 days following the date of the next regular meeting of the Planning Commission following the date the application was filed, provided that, should said next regular meeting occur more than 30 days following the filing of the application, the said 90 day period shall be measured from the 30th day following the day the application was filed. The applicant may agree to extend the time requirement.
A. 
Planning Commission review.
(1) 
The Planning Commission shall review the plan and any recommendations made by county, state, federal agencies, the Township Zoning Officer and the Township Engineer, to determine conformance of the plan to this chapter, Chapter 525, Zoning, and any other relevant ordinances of the Township.
(2) 
After such review, the Planning Commission shall submit its report to the Board, containing its findings, recommendations, and reasons, citing specific sections of the statutes or ordinances relied upon. A copy of said report shall be given to the applicant.
(3) 
If the applicant agrees that this review period shall be extended for a period of 30 or more days to provide additional time for him or her to submit all the required materials and for the Planning Commission to review the same, a written agreement to this effect shall be signed in duplicate, with a file copy being retained by the Planning Commission and by the applicant. Such an extension shall be entered in good faith and for specific reasons relating to the review process, including but not limited to providing sufficient time for the Township to receive the written report of the County Planning Commission, the Township Zoning Officer and the Township Engineer, or to allow the applicant additional time in which to revise his or her application documents.
B. 
Board review.
(1) 
When the recommendations on the conceptual preliminary plan have been officially submitted to the Board of Supervisors by the Planning Commission, such recommendations shall be placed on the Board's agenda for review and action.
(2) 
In acting on the preliminary subdivision or land development plan, the Board shall review the plan and the written comments of the Township Zoning Officer, the Township Engineer, the Planning Commission, the County Planning Commission and Monroe County Soil Conservation District and all other reviewing agencies, and comments from public hearings or meetings, if any. The Board may specify conditions, changes, modifications or additions thereto which it deems necessary or appropriate, and may make its decision to grant preliminary approval subject to such conditions, changes, modifications or additions. Whenever the approval of a conceptual preliminary plan is subject to conditions, the written action of the Board should specify each condition of approval, and request the applicant's written agreement to the conditions within 10 days of receipt of the Board's written decision.
(3) 
If the conceptual preliminary plan is not approved, the Board's decision shall specify the defects found in the plan, shall describe the requirements that have not been met, and shall cite in each case the provisions of this chapter relied upon.
(4) 
Notwithstanding the foregoing procedure, unless the applicant agrees, in writing, to extend the period for decision, the Board shall render a decision on all conceptual preliminary plans not more than 90 days from the date of the first regular meeting of the Planning Commission held after the complete application was accepted for review. However, if that regular meeting of the Planning Commission occurred more than 30 days after the complete application was filed; the ninety-day period shall be measured from the 30th day following the date the complete application was accepted for review.
(5) 
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address not later than 15 days following the decision. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(6) 
At the time a revised plan is submitted, it shall be accompanied by the applicant's written and executed agreement of an extension of the period for decision.
(7) 
The decision of the Board shall also be communicated to the governing body of any adjacent municipality, if the plan includes land in that municipality and/or directly abuts its boundaries.
A. 
Within one year after approval of the conceptual preliminary plan, a detailed final plan and all supplementary data, together with an application form provided by the Township and filing fees, shall be officially submitted to the Township Secretary. The detailed final plan shall conform to the requirements set forth in § 450-41. It shall also conform to the conceptual preliminary plan as previously reviewed by the Planning Commission and the Board, and shall incorporate all conditions set by the Township in its approval of the conceptual preliminary plan. No application shall be deemed filed unless all requirements have been met and all fees paid in full.
B. 
The Board may permit submission of the detailed final plan in phases, each covering a reasonable portion of the entire proposed development as shown on the approved conceptual preliminary plan, provided that the first detailed final plan phase shall be submitted within one year after approval of the conceptual preliminary plan. Each subsequent phase shall be submitted within one year of approval of the previous phase, provided all phases have been submitted within three years after the date of preliminary plan approval.
C. 
Unless the filing deadline in § 450-20A is waived or extended by the Board, failure to make timely submission of final plans renders void a conceptual preliminary plan, and the applicant shall be required to file a new application and fee for conceptual preliminary plan approval.
D. 
Official submission of the detailed final plan to the Township Secretary shall consist of:
(1) 
Three copies of the application for review of final subdivision or land development plan.
(2) 
Seven or more copies of the detailed final plan and all supporting plans and information to enable proper distribution and review, as required by the Board.
(3) 
Copies of all applications made or notices provided to federal, state, and county agencies by or on behalf of the applicant for permits, certifications, approvals or waivers required or sought for either subdivision or land development as proposed in the conceptual preliminary plan for in the detailed final plan, including, but not limited to, applications or notices provided to the U.S. Army Corps of Engineers, the Monroe County Soil Conservation District, the U.S. Environmental Protection Agency, the state Department of Environmental Protection (DEP), or the State Department of Transportation.
(4) 
Payment of application fees and deposit of escrow, if required, for plan review costs.
E. 
Seven or more copies of the detailed final plan and all required supplementary data shall be submitted to the Township Secretary together with the required fees and escrow deposit as prescribed by resolution of the Board. The Township Secretary shall note the date of receipt and shall then forward the copies to the appropriate individuals or agencies as follows:
(1) 
Detailed final plan and application to the Planning Commission.
(2) 
Township Zoning Officer and the Township Engineer.
(3) 
Board of Supervisors.
(4) 
Township files.
(5) 
Township Environmental Advisory Council.
(6) 
Township Open Space Committee.
(7) 
Township Sewage Enforcement Officer.
(8) 
Plan, along with the referral letter and sufficient fee, to the Monroe County Planning Commission, when required by the Board (to be delivered by the applicant).
(9) 
Other state and county agencies, when applicable.
(10) 
The governing body of any adjacent municipality or municipalities if the tract to be subdivided abuts or lies partially in that municipality.
(11) 
Sedimentation and erosion control plan and application form to the Monroe County Soil Conservation District, where applicable.
F. 
Where the final plan is a minor subdivision, the applicant shall submit the plan in accordance with the requirements of § 450-18 above.
A. 
General.
(1) 
The detailed final plan shall conform in all important respects to the conceptual preliminary plan as previously reviewed and approved by the Board, and shall incorporate all modifications and revisions specified by the Board in its approval.
(2) 
The detailed final plan and supporting date (including reports from the State Department of Environmental Protection, the Monroe County Soil Conservation District, and the Monroe County Planning Commission) shall comply with the provisions of this chapter and those of Chapter 525, Zoning. Failure to do so shall be cause for denying the plan (or, in situations where only minor details are missing and when the official approval deadline allows, tabling the plan).
B. 
Planning Commission review.
(1) 
The Planning Commission shall review the detailed final plan and the recommendations of the Township Engineer and any other reviewing agencies, to determine its conformance with the requirements of this chapter and with those of Chapter 525, Zoning.
(2) 
After such review, and prior to any action by the Board within the required ninety-day review period, the Planning Commission shall forward its recommendations and its reasons to the Board and the applicant. If the plan includes land in any adjacent municipality and/or directly abuts its boundaries, then such notice and recommendation shall also be transmitted to the governing body of the adjacent municipality.
C. 
Board review.
(1) 
Prior to the detailed final plan review process, the Board should complete its review of the proposed sewage facilities planning module in accordance with DEP regulations and procedures. When approved or adopted by the Board, the planning module shall be forwarded to DEP for review and approval.
(2) 
No approval of the detailed final plan shall be granted by the Board until the Township receives notification of DEP's approval of the sewage facilities planning module. Should such notifications not be received within the time limitations for detailed final plan approval, in accord with the Act, the time limitations shall be extended for not more than 90 days with the written consent of the applicant. If the applicant refuses to provide such written consent, the detailed final plan shall be disapproved.
(3) 
When a recommendation on a detailed final plan has been submitted to the Board by the Planning Commission, such plan shall be placed on the agenda of the Board for its review and action.
(4) 
Upon receipt of the Planning Commission's recommendation and other supporting information, the Board may, at one or more regular or special public meetings, review the detailed final plan and shall, within the time limitations set forth hereinbelow, either approve, approve with conditions, or disapprove the plan. Whenever the approval of a detailed final plan is subject to conditions, the written action of the Board shall specify each condition of approval, and request the applicant's written agreement to the conditions within 10 days of receipt of the Board's written decision.
(5) 
If the final plan is not approved, the decision shall specify the defects found in the plan, shall describe the requirements that have not been met, and shall, in each case, cite the provisions of this chapter relied upon.
(6) 
Notwithstanding the foregoing procedure, unless the applicant agrees, in writing, to extend the time period for decision, the Board shall render a decision on all detailed final plans within the statutory time limitations.
(7) 
The decision of the Board shall be in writing and shall be communicated to the applicant as required by the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(8) 
If at any time the applicant submits a revised detailed final plan it shall be deemed a new application and shall not be accepted unless it is accompanied by the applicant's written and executed agreement of a ninety-day extension of the period required by the Act for decision. No new application fee shall be required for any revision submitted within two years of the first final plan application.
(9) 
Copies of the detailed final plan, as finally approved with the appropriate endorsement of the Board, shall be distributed as follows:
(a) 
At least three copies to the applicant, of which two shall be recorded at the office of the Monroe County Recorder of Deeds.
(b) 
One copy to the Monroe County Planning Commission.
(c) 
One copy to be retained in the Township files. If a new street is proposed, an additional "as-built" plan with deed of dedication application shall be submitted.
D. 
Conditions of detailed final plan approval. In addition to any other applicable provisions of this chapter, approval of any detailed final plan shall be subject to the following conditions:
(1) 
The landowner shall execute a subdivision agreement in accordance with this chapter, verifying that he or she agrees to construct all required improvements and common amenities, and further verifying that he or she guarantees completion and maintenance of these improvements and amenities through a type of financial security acceptable to the Township.
(2) 
Where applicable, the landowner shall execute an escrow agreement to cover the cost of all required improvements and common amenities, in accordance with this chapter.
(3) 
If requested, the landowner agrees to tender to the Township a deed of dedication in a form satisfactory to the Township Solicitor for streets and improvements thereto, including street paving, water mains, fire hydrants, storm sewers, inlets, pumping stations and other appurtenances as shall be constructed as public improvements within the public right-of-way and are required for the promotion of public welfare, after all streets and improvements to be dedicated to the Township are completed and are certified by the Township Engineer as being satisfactory. The Board may require that the applicant provide a certificate from a duly licensed title insurance company certifying that the title to be conveyed is good and marketable, free of all liens and encumbrances, except utility easements, before any property is accepted by the Township.
(4) 
Whenever the landowner is providing greenway land as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Township or a conservation organization acceptable to the Township.
(5) 
The landowner shall submit to the Township all required permits, approvals, or waivers from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as Pennsylvania Departments of Transportation, Environmental Protection or Public Utility Commission, U.S. Army Corps of Engineers, and Monroe County Soil Conservation District.
(6) 
All final approvals or waivers required by federal, state, and county agencies for development in accord with the detailed final plan, including, but not limited to, approval of the sewage facilities planning module by the DEP, approval by the Monroe County Soil Conservation District, and a highway occupancy permit, if required, from the Pennsylvania Department of Transportation or from the Township shall be presented to the Township.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
From the time an application for approval of a plat, whether preliminary of final, is duly filed, and while such application is pending approval or disapproval, no change or amendment of Chapter 525, Zoning, this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied any subsequent application shall be subject to intervening changes in governing regulations and ordinances.
B. 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in Chapter 525, Zoning, this chapter or other governing ordinance or plan shall be applied to affect adversely 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 from such approval.
C. 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
D. 
Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the governing body, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.
E. 
In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the governing body in its discretion.
F. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan unless a lesser percentage is approved by the governing body in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvement depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
G. 
Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in Chapter 525, Zoning, this chapter or other governing ordinance enacted by the municipality subsequent to the date of the initial preliminary plan submission.