All applications for approval of a plat, whether preliminary
or final, shall be acted upon by the governing body within such time
limits as may be fixed in the subdivision and land development ordinance
but the governing body shall render its decision and communicate it
to the applicant not later than 90 days following the date of the
regular meeting of the governing body or the planning agency (whichever
first reviews the application) next following the date the application
is filed or after a final order of court remanding an application,
provided that should the said next regular meeting occur more than
30 days following the filing of the application or the final order
of the court, the said ninety-day period shall be measured from the
30th day following the day the application has been filed.
A. The decision of the governing body or the planning agency 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. When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
C. Failure of the governing body or planning agency to render a decision
and communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the application in
terms as presented unless the applicant has agreed, in writing, to
an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
D. Changes in the ordinance shall affect plats as follows:
(1) From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision 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 a application is
properly and finally denied, any subsequent application shall be subject
to the intervening change in governing regulations.
(2) 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 the
zoning, subdivision 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.
The five-year period shall be extended for the duration of any litigation,
including appeals, which prevent the commencement of completion of
the development, and for the duration of any sewer or utility moratorium
or prohibition which was imposed subsequent to the filing of an application
for preliminary approval of a plat. In the event of an appeal filed
by any party from the approval or disapproval of a plat, the five-year
period shall be extended by the total time from the date the appeal
was filed until a final order in such matter has been entered and
all appeals have been concluded and any period for filing appeals
or requests for reconsideration have expired; provided, however, no
extension shall be based upon any water or sewer moratorium which
was in effect as of the date of the filing of a preliminary application.
(3) 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.
(4) 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.
(5) In 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.
(6) 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 lots/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 any additional term or terms
of three years from the date of final plat approval for each section.
(7) 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 zoning, subdivision and other governing
ordinance enacted by the municipality subsequent to the date of the
initial preliminary plan submission.
E. Before acting on any subdivision plat, the governing body may hold
a public hearing thereon after public notice.
F. No plat which will require access to a highway under the jurisdiction
of the Department of Transportation shall be finally approved unless
the plat contains a notice that a highway occupancy permit is required
pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law," before driveway access to a state highway is permitted.
The Department shall, within 60 days of the date of receipt of an
application for a highway occupancy permit 1) approve the permit,
which shall be valid thereafter unless, prior to commencement of construction
thereunder, the geographic, physical or other conditions under which
the permit is approved change, requiring modification or denial of
the permit, in which event the Department shall give notice thereof
in accordance with regulations; 2) deny the permit; 3) return the
application for additional information or correction to conform with
Department regulations; or 4) determine that no permit is required,
in which case the Department shall notify the municipality and the
applicant in writing. If the Department shall fail to take any action
within the sixty-day period, the permit will be deemed to be issued.
The plat shall be marked to indicate that access to the state highway
shall be only as authorized by a highway occupancy permit. Neither
the Department nor any municipality to which permit-issuing authority
has been delegated under Section 420 of the "State Highway Law" shall
be liable in damage for any injury to persons or property arising
out of the issuance or denial of a driveway permit, or for failure
to regulate any driveway. Furthermore, the municipality from which
the building permit approval has been requested shall not be held
liable for damages to persons or property arising out of the issuance
or denial of a driveway permit by the Department. In no case, however,
shall a subdivision or land development be approved until a state
highway occupancy permit is received by the Township or deemed approved
per 4) above.