This article lists the requirements for final plans for a major subdivision or any land development, except that a land development that only involves the following may be submitted under the simplified requirements of Article VII:
A.
Final plan submission required.
(1)
A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this Article VI.
(2)
A final plan shall only be submitted after a preliminary
plan has been approved by the Board of Supervisors, if a preliminary
plan is required.
B.
Final plan submission deadline. An applicant shall
file a final plan submission within five years from the date of the
approval of the preliminary plan by the Board of Supervisors. Failure
to comply with this requirement shall render the preliminary plan
submission null and void, and a new preliminary plan submission must
be filed under any currently applicable ordinances.
C.
Filing and distribution.
(1)
The applicant shall file with the Township staff at least 15 calendar days prior to a regular Planning Commission meeting (not including a workshop meeting) the required fees and the information and plans required under § 98-34. Any subsequent submittal of revised plans shall be submitted at least 15 days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Township Engineer or Planning Commission. These deadlines may be revised by resolution of the Board of Supervisors.
(2)
The Township staff shall forward applicable plans
to the following agencies to seek their comments prior to final plan
approval:
(a)
Municipal authority or Sewage Enforcement Officer
(if applicable);
(b)
Township Fire Chief (layout and utility plan,
if not reviewed at the preliminary plan level and if deemed appropriate
by the Planning Commission or Township staff);
(c)
The appropriate Township staff (including one
official "file" copy of all materials submitted by the applicant);
(d)
The Township Planning Commission (including
copies of the application form, at least one copy of the preliminary
plan checklist, several copies of the preliminary plan and at least
one copy of the supporting documents), with such information provided
at or before the next regularly scheduled meeting of the Commission.
(3)
Applicant's distribution. It is the applicant's responsibility
to:
(a)
Provide a copy directly to the offices of the
Township Engineer of all materials submitted to the Township, by the
same deadline as the deadline for Township submittal;
(b)
Make agreements with the appropriate utility
companies;
(c)
Submit a complete application to PennDOT for
any needed permit for access to or work within a state road right-of-way;
(d)
Provide information to DEP or other agencies
for any permits that might be required;
(e)
Submit a copy of the soil erosion and sedimentation
plan to the County Conservation District, and pay their required review
fees, if earth disturbance is proposed, and if such erosion control
plan was not approved at the preliminary plan level;
(f)
Provide two copies of the plans to the County
Planning Commission, with any required fee; and
(g)
If a sewage facility planning module is required
by DEP, the applicant shall submit two complete copies for Township
use, plus shall submit copies of the module and plans to various agencies
as required under state regulations. A sewage planning module shall
be completed and fully approved prior to final plan approval.
(4)
The filing of the final plan shall conform with the
approved preliminary plan and any conditions and changes recommended
by the Township during the preliminary plan review.
(5)
Revisions. A detailed list of revisions from a previously
submitted plan shall be provided whenever a revised plan is submitted.
The developer's plan preparer shall certify that the list of revisions
is complete.
D.
Determination of completeness by Commission.
(1)
Based upon the initial review of the Township staff
and/or the Township Engineer, the Commission shall have authority,
at its first regularly scheduled meeting after the submission is filed
in a timely fashion, to determine that a submission is significantly
incomplete and therefore to refuse to review the submission further
and to do one or more of the following:
(a)
Not accept the submission, indicating deficiencies
in writing, and return the fee (minus the costs of any Township review)
to the applicant.
(b)
Accept the submission as being filed for review
on the condition that the applicant shall file such additional required
materials and information to the staff or appropriate agency or person
within a certain number of days from the date of such acceptance.
(c)
Table the acceptance of the submission until
the next Planning Commission meeting where the applicant has met all
of the submittal requirements, and has filed such materials within
the required time period prior to the meeting. The ninety-day time
limit for action shall not begin until the plan is accepted as complete.
(d)
Recommend that the plan be rejected by the Board
of Supervisors for just cause, such as the submission being incomplete.
(2)
If the Commission determines that the submission is
complete, as filed and as required, the Commission shall accept the
plans and may begin its review.
(3)
If the Commission determines that a final plan submission,
as filed, departs substantially from the approved preliminary plan,
the Commission may classify the submission as a revised preliminary
plan (with the applicable review fees required) and process the application
as such.
E.
Review by Township Engineer.
(1)
The Township Engineer shall review the submission
and provide one or more report(s) to the Planning Commission and Board
of Supervisors. Matters that should be dealt with directly by the
Planning Commission and/or the Board of Supervisors should be listed
separately from technical engineering considerations.
(2)
The applicant and/or his/her plan preparer shall make
reasonable efforts to resolve technical engineering considerations
outside of and prior to Planning Commission meetings. The Township
Engineer may require the applicant or his/her plan preparer to meet
with the Township Engineer for this purpose.
(3)
A copy of findings of the Township Engineer should
be sent or handed in person to the applicant or his/her representative
by the Township staff.
F.
Review by Commission. The Planning Commission shall
accomplish the following within the time limitations of the Pennsylvania
Municipalities Planning Code (unless the applicant grants a written
time extension), while allowing a sufficient number of days within
this deadline for a decision by the Board of Supervisors.
(1)
Review applicable reports received from official review
agencies.
(2)
Consider whether the final plan submission meets the
requirements of this chapter and other applicable ordinances.
(3)
Recommend some/all of any needed revisions needed
for the submission to conform to this chapter or that would generally
improve the plan.
(4)
Recommend approval, conditional approval, or disapproval
of the final plan submission in a written report to the Board of Supervisors.
The Commission may recommend conditions for approval or describe requirements
which have not been met.
G.
Review by Board of Supervisors. The Board of Supervisors
shall:
(1)
Review the report of the Commission and any reports
received from official reviewing agencies;
(2)
Determine whether the final plan submission meets
the requirements of this chapter and other applicable ordinances;
and
(3)
Approve, conditionally approve or disapprove the final
plan submission within the time limits established by the Municipalities
Planning Code. (As of the adoption date of this chapter, state law
requires the Board of Supervisors to act not later than 90 days following
the date of the first regular meeting of the Commission held after
the final plan has been property filed; but in no case shall the Board
of Supervisors' decision be made later than 120 days following the
date the submission was accepted as being filed for review, unless
the applicant grants a written extension of time; and that no subdivision
or land development shall be granted final approval until a report
is received from the County Planning Commission or until the expiration
of 30 days from the date the application was forwarded to the County
Planning Commission, whichever comes first.)
H.
Decision by Board of Supervisors.
(1)
Notice to applicant. The decision of the Board of
Supervisors shall be in writing and shall be communicated to the applicant
personally or mailed to him/her at his/her last known address not
later than 15 days following the decision.
(2)
Dedications.
(a)
The approval of the final plan by the Board
of Supervisors shall not by itself constitute an acceptance of the
dedication of any street or other proposed public way, space, or area,
unless the such acceptance is specified at such time.
(b)
Any such acceptance of dedication shall only
occur after formal action of the Township at such time.
(c)
As part of an improvements agreement, if the
Board of Supervisors elects to accept lands offered for dedication,
the submission shall be accompanied by duly executed instruments of
conveyance to the Township. Such instruments shall state that the
title thereof is free and unencumbered.
(d)
The Board of Supervisors may require that a
subdivider provide title insurance.
(3)
Disapproval. When a final plan submission is disapproved,
the decision shall specify defects found in the submission, shall
describe requirements which have not been met, and shall cite the
provisions of the statute or ordinance relied upon in each case.
(4)
Conditions. The Board of Supervisors may attach reasonable
conditions to an approval to ensure the carrying out of this chapter,
other Township ordinances and state laws and regulations. The applicant
shall have a maximum 30 days after the action of the Board of Supervisors
to accept or reject the conditions upon an approval. If the applicant
does not reject a condition in writing within such thirty-day period,
the conditions shall be considered to have been accepted. If a condition
is rejected by the applicant, the submittal shall be considered to
have been disapproved, except as otherwise provided through a court
challenge.
I.
Development in stages.
(1)
If requested by the applicant, the Board of Supervisors
may permit the undertaking of the required improvements and the preparation
of the final plan to be completed in a series of sections or stages,
each covering a portion of the proposed subdivision or land development
as shown on the preliminary plan.
(2)
If final plans are to be filed in sections or stages,
each section or stage shall provide sufficient access, utilities and
amenities to allow the development to properly function if future
stages are not built.
(3)
The boundaries of phases and the timing of related
improvements shall be subject to the approval of the Board of Supervisors.
J.
Statement of approval. At the request of the applicant,
the Township shall furnish the applicant with a signed copy of a resolution
indicating approval of the applicant's final plan contingent upon
the applicant providing a satisfactory financial security. The final
plan will not be signed by Township officials until a satisfactory
financial security is presented. The resolution of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not provided within 90 days, unless a written extension
is granted by the Township.
A.
All of the information and materials listed in this
section[1] are required as part of all final plans for a major subdivision,
or a land development. This list of requirements shall serve as both
a list of requirements, and as a checklist for the applicant and the
Township to ensure completion of submissions. The applicant shall
submit completed photocopies of this section as part of the application.
[1]
Editor's Note: See the Final Plan for Major Subdivisions and Certain Land Developments Checklist and List of Submittal Requirements included as an attachment to this chapter.
B.
The required information listed in this section may
be combined or separated onto different sheets, provided that the
plans will be clearly readable. If a particular plan or item was submitted
at the preliminary plan stage, and is still complete and accurate,
then applicant may reference that submittal in the final plan submission
instead of providing additional copies.
All certification shall comply with the state
professional licensing laws. All subdivisions of land shall be certified
and stamped by a registered land surveyor, as required by state law.
At least one set of plans provided to the Township (including revisions)
shall bear original signatures and original seals of plan preparers
and shall be marked as a "Township File Copy."
