In order to discharge the duties imposed by law, the Board of Supervisors of the Township has adopted the following procedures, which shall be observed by all subdividers.
Subdividers may file with the Township Planning Commission, a subdivision sketch plan as further described in Part 8, for all proposed subdivisions of land lying within the Township.
Sketch plans will be considered as submitted for informal and confidential discussion. A copy of the sketch plan shall be submitted to the County Planning Commission for technical review and comments. Submission of a subdivision sketch plan shall not constitute formal filing of a plan with the Township Planning Commission.
As far as may be practical on the basis of a sketch plan, the Planning Commission shall informally advise the subdivider as promptly as possible of the extent to which the proposed subdivision conforms to the design standards of this chapter (Part 5) and will discuss possible plan modifications necessary to secure conformance.
Ten copies of the preliminary and final plans for all proposed subdivision of land lying within the Township shall be submitted to the Township Secretary who shall distribute them to the following officials and agencies for review and comment:
Pennsylvania Department of Environmental Protection (accompanied by a feasibility report concerning the proposed method of sewage disposal and water supply) if required by the Board of Supervisors: one copy.
The submission of a preliminary plan may be waived for minor subdivisions upon written request by the subdivider, provided that no similar application pertaining to the same tract of land has been granted.
The Township Planning Commission shall review the preliminary plan to determine its conformance with this chapter: shall approve, conditionally approve, or disapprove the preliminary plan; and submit its findings in writing to the Board of Supervisors and the subdivider within 60 days of the submission of the complete preliminary plan. (When the plan is not approved as submitted, the decision shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.)
After receiving recommendations of the Township Planning Commission, or after 60 days from the date of preliminary plan submission have passed, the Board of Supervisors shall, at a scheduled or special meeting, review the preliminary plan to determine its conformance to this chapter and shall either approve, conditionally approve, or disapprove the preliminary plan within 90 days of the submission of the complete preliminary plan. When the plan is not approved as submitted, the decision shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
Approval of the preliminary plan in writing, subject to conditions, revisions, and modifications as stipulated by the Board of Supervisors, shall constitute conditional approval of the subdivision to the character and intensity of the development and the general layout and the approximate dimensions of streets, lots and other proposed features.
The final plan and necessary supporting data shall be submitted to the Township Secretary for distribution and final approval within one year after the Board of Supervisors' action on the preliminary plan. Failure to submit within this time shall render the approved preliminary plan null and void. However, the subdivider may, due to extenuating circumstances, or phased plans, apply for and receive a time extension from the Township Supervisors. Duration of each time extension shall not exceed one year.
The final plan shall conform in all important respects with the preliminary plan as previously reviewed by the Board of Supervisors and shall incorporate modifications and revisions specified by the Board in its conditional approval of the preliminary plan.
The Township Planning Commission shall review the final plan to determine its relationship to the approved preliminary plan and its conformance to the requirements of this chapter; shall approve, conditionally approve or disapprove the final plan and submit its findings in writing to the Board of Supervisors and the subdivider within 60 days of the submission of the complete final plan. (When the plan is not approved as submitted, the decision shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.)
After receiving recommendations of the Township Planning Commission, or after 60 days from the date of the complete final plan submission have passed, the Board of Supervisors shall, at a scheduled or special meeting, review the final plan to determine its relationship to the approved preliminary plan and its conformance with this chapter and shall either approve, conditionally approve, or disapprove the final plan within 90 days of the submission of the complete final plan. When the plan is not approved as submitted, the decision shall specify the defects found in the plan and describe the requirements which have not been met and shall, in each case, cite the provisions of this chapter relied upon.
The Board of Supervisors may require that the owners shall supply a title insurance certificate from a reputable company before any property can be accepted for the Township.
Where a subdivision plan has been approved and recorded under the terms and conditions of-this chapter, purchasers and mortgagees of lots in the subdivision shall be relieved of any and all liability for any deficiency in, lack of, or failure to complete, the necessary grading and paving of streets and other street improvements, including, where specified in the plan, curbs, sidewalks, streetlights, fire hydrants, water mains, sanitary sewers and storm sewers, and failure to complete or properly complete said improvements shall not encumber any or all of the lots in the subdivision.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1, 1/7/1991; at time of adoption of Code (see Ch. AO)]
To defray a portion of the expenses of major subdivision review, fees as follows shall be payable to the Treasurer of the Board of Supervisors of the Township, at filing of the preliminary plan: $25 per plan, plus $5 per lot, or $5 per store in commercial uses.
When necessary, the following additional service charges shall be paid by the applicant as they are incurred by the Township: Technical and professional services, including such engineering, legal and inspection services as may be required in plan review, the drawing up of legal documents and supervision of construction. The actual costs of such services, if any, shall be charged.
Review fees shall include the reasonable and necessary charges by the Township's professional consultants or engineer for review and report to the Township, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the municipality shall follow the procedure for dispute resolution set forth in Section 510(g) of the Municipalities Planning Code, 53 P.S. § 10510(g), provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
Upon the approval of a final plat, the developer shall within 90 days of such final approval record such plat in the office of the Recorder of Deeds of the county in which the Township is located. The Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Board of Supervisors, and review by the county planning agency.
The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.
[Ord. No. 1991-1, 1/7/1991]
After a plat has been approved and recorded as provided in this chapter, all streets and public grounds on such plat shall be, and become a part of the Official Map of the Township without public hearing.