This article provides simplified procedures
for submitting and reviewing minor subdivisions, certain land developments,
and lot line adjustments.
[Added 12-7-2004 by Ord. No. 2004-07]
The applicant shall, prior to submitting a plan pursuant to this Article VII, determine if any of the land proposed for subdivision, land development, or lot line adjustment is subject to the Chestnuthill Township Official Map. If any of the land is subject to the Official Map, the applicant is encouraged to contact the Township prior to submitting the plan.
The following submission and review process shall apply for minor subdivisions, lot line adjustments, annexations, land developments involving only a single nonresidential building of less than 10,000 square feet of building floor area with no additional dwelling units, and what the Township determines to be minor revisions of approved plans under § 98-40.
B.
Required submission.
(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 this Article VII. 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)
If a state road is involved, the applicant shall forward
the required information to PennDOT and apply for a highway occupancy
permit. If such permit is not granted prior to final plan approval,
then it shall automatically be a condition of final plan approval,
and the plans shall not be signed or released for recording by the
Township until the PennDOT permit is granted.
(4)
The applicant shall provide a copy of the plans for
review to the County Planning Commission with the required county
review fees. A soil erosion and sedimentation control plan shall be
provided to the County Conservation District, unless waived by the
Township.
C.
Initial actions by the staff.
(1)
The staff shall review the submission items filed
against a checklist for completeness and shall report such review
to the Commission at its next regularly scheduled meeting.
(2)
The staff shall retain in the Commission's files one
"file copy" of all materials submitted by the applicant.
(3)
The staff shall forward to the Commission at or before
the next regularly scheduled meeting of the Commission:
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 incomplete
and therefore to refuse to review the submission further and to do
one of the following:
(a)
Not accept the submission, indicating the deficiencies,
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 such acceptance.
(d)
Recommend that the plan be rejected by the Board
of Supervisors for just cause.
(2)
If the Commission determines that the submission is
significantly complete, as filed and as required, the Commission shall
accept the plans and may begin its review.
(3)
Zoning variances and approvals.
(a)
Applications for a subdivision or land development shall comply with Chapter 119, Zoning, as amended. An application under this chapter shall not be considered to be complete for the purposes of starting the clock for the state-mandated ninety-day time limit if one or more zoning variances or special exception or conditional use zoning approval will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances and approvals have been granted. During this time, the application may still be reviewed by the Township.
[1]
If a zoning variance or special exception or
conditional use approval is needed and has not been granted, and the
applicant refuses to grant a time extension, then the Board of Supervisors
shall have sufficient grounds to deny approval of the application.
[2]
At the discretion of the Board of Supervisors,
a subdivision or land development may be approved conditioned upon
the later approval of a zoning variance, special exception or conditional
use.
(b)
A subdivision or land development approval shall not be delayed because of a court appeal of a zoning variance, special exception or conditional use that was granted to the developer. Instead, satisfactory resolution of such appeal shall be a condition for approval under this chapter. If a developer appeals a zoning variance, special exception approval or conditional use approval that was not granted to him/her, then Subsection D(3)(a) above shall still apply.
E.
Review by Township Engineer. The Township Engineer
should review the engineering considerations in the plan and prepare
an initial report on such considerations to the Commission. The Township
Engineer may make additional reports and recommendations to the Commission
and the Board of Supervisors during review of the plan.
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):
(1)
Review all applicable reports received from the appropriate
review agencies and officers;
(2)
Determine whether the final plan submission meets
the requirements of this chapter and other applicable ordinances;
(3)
Review the final plan submission and recommend any
needed revisions so that the submission will conform to this chapter
and other applicable ordinances; and
(4)
Recommend approval, conditional approval or disapproval
of the final plan submission in an advisory report to the Board of
Supervisors, which may include recommending conditions for approval
or describing requirements which have not been met.
G.
Review by Board of Supervisors.
(1)
The Board of Supervisors shall:
(a)
Review the report of the Commission and any
reports received from any other official reviewing agencies;
(b)
Determine whether the final plan submission
meets the requirements of this chapter and other applicable ordinances;
and
(c)
Approve, conditionally approve or disapprove
the final plan submission within the time required by the Municipalities
Planning Code. (Note: As of 2001, this 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 it has been duly filed for review;
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.)
(2)
County Planning Commission review. No subdivision or land development
shall be approved 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 shall occur
first.
[Amended 5-1-2014 by Ord. No. 2014-02]
H.
Decision by Board of Supervisors.
(1)
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 the last known address not later than 15 days
following the decision.
(2)
Acceptance of dedication.
(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 such acceptance is specifically made at such time.
(b)
Any such acceptance of dedication shall be specifically
stated along with the signatures required for approval.
(c)
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. The Board
of Supervisors may require an applicant to provide title insurance.
(3)
If 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)
The applicant shall have a maximum 30 days after the
action of the Board of Supervisors to accept or reject any 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.
All of the following information and materials
listed in this section[1] are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 98-40. 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 Checklist and List of Submittal Requirements for Minor Subdivisions and Certain Land Developments included as an attachment to this chapter.
A.
The reduced submission requirements listed in this
section[1] shall apply, together with the procedural requirements of § 98-38, if either of the following apply:
(1)
The proposal will meet the definition of a "lot line
adjustment"; and/or
(2)
In the determination of the Township staff, which
may be based upon the advice of the Township Engineer, the proposal
will involve revisions to a previously approved plan and those revisions
only involve changes in the supporting documentation or engineering
details or to correct erroneous data or minor omissions concerning
a plan previously granted final plan approval.
[1]
Editor's Note: See the Lot Line Adjustments, Annexations and Minor Revisions of Approved Plans Checklist and List of Submittal Requirements included as an attachment to this chapter.
B.
The list of requirements on the following page 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. The required information listed in this section may be
combined or separated onto different sheets, provided that the plans
will be clearly readable.
C.
Additional information. The Planning Commission may
require that a plan under this section include the submission of specific
additional information that would be required if the plan would be
a final minor subdivision plan, if such specific information is necessary
to determine compliance with this chapter.
D.
An annexation under this section shall be made part
of the same lot with the same deed.
E.
Notwithstanding the requirements set forth herein, no plan shall
be required where all of the following conditions are met:
[Added 10-16-2012 by Ord. No. 2012-05]
(1)
The
applicant is the owner of record of two or more adjacent lots; and
(2)
The
applicant is seeking approval to join such lots into a single lot;
and
(3)
No
land development is proposed; and
(4)
The
applicant certifies that a joinder deed shall be recorded and provided
to the Township within 30 days after approval.
Section 98-30 shall apply.
Article IX shall apply.
