All plans of proposed subdivisions and land
development in Mahoning Township, whether preliminary or final, shall
be subject to approval, modification or rejection by the Mahoning
Township Board of Supervisors. Prior to action by the Supervisors,
however, all plans shall be submitted to the Township Planning Commission
and to the Montour County Planning Commission for their review, evaluation
and recommendations. Copies of the plans may also be submitted to
the Township Engineer, where applicable, and to other appropriate
agencies for review at the discretion of the Township Planning Commission
before recommendations for action are made to the Township Supervisors.
(See plan processing details below and illustrated in the flow chart
at the end of this article.)
A.
Prior to the filing of an application for review and
approval of a proposed subdivision or land development, it is recommended
that the developer submit a sketch plan to the Mahoning Township Planning
Commission for advice on the requirements necessary to achieve conformity
with the standards and other provisions of this chapter; as well as
to alert the developer to other factors pertinent to the design and
effectuation of the subdivision or land development. The submission
of a sketch plan shall not constitute the filing of an application
for approval of a subdivision or land development.
B.
The developer or his agent or representative should
be present to discuss any such proposal with the Planning Commission.
No formal action will be taken on a sketch plan submission, but the
Commission shall, after review and evaluation of the proposal, indicate
to the developer or his agent, its findings and recommendations regarding
preparation of preliminary or final plans. The Commission shall complete
its review as promptly as possible. One copy of the sketch plan shall
be left with the Commission for its files. The review of a sketch
plan shall not authorize the recording of the plan nor the conveyance
of lots.
A.
Plan classifications and submission requirements.
(1)
For the purposes of this chapter, any proposed subdivision or land development plan which is submitted to the Township for review and approval but does not meet the applicable plan or other chapter requirements, may be considered as a sketch plan at the request of the applicant and upon recommendation of the Township Subdivision Ordinance Administrator. [See also Subsection B(1) below for additional details on the application submission process.]
(2)
Plans involving the installation of streets, sanitary
sewers, public water supplies, stormwater management facilities and
other site improvements shall be considered as preliminary plans for
initial consideration.
(3)
Where site improvements have been installed in accordance
with a previously approved preliminary plan, the proposed subdivision
or land development plan may be considered as a final plan.
(4)
Where a subdivision or land development proposal consists
of a cumulative total of five lots or dwelling units from the effective
date of this chapter, each with frontage along an existing public
street and where no site improvements are proposed by the developer
or required by the Township, the proposed subdivision or land development
plan may be considered as a final plan.
(5)
Where a preliminary or final plan covers only a portion of a tract of ground, the developer may be required to submit a sketch plan of the remainder of the tract to the Township Planning Commission illustrating his future intent and use for the property. [See also Subsection B(4)(b).]
(6)
The final plan shall conform in all significant respects with any approved preliminary plan. Otherwise the plan submitted shall be considered as a revised preliminary plan. (See also Subsection D(2).]
(7)
It shall be the ultimate responsibility of the subdivider/developer
to coordinate his plans with all appropriate public and private utilities
and/or service agencies in the manner set forth in this chapter and
to provide sufficient data and information to the Township upon which
to review the proposed plan.
B.
Plan evaluation process. Applications for preliminary
or final plan review and approval shall be submitted to Mahoning Township
and shall be processed in accordance with the following procedures.
(1)
Application.
(a)
Eight copies of all proposed preliminary or
final subdivision and land development plans and three copies of all
other materials and information required by this chapter shall be
submitted to the Township Subdivision Ordinance Administrator no less
than 14 days in advance of the next regular meeting of the Township
Planning Commission at which the plan is to be considered. (A plan
shall be considered filed upon receipt by the Administrator of all
required plans and materials, including plan processing fees and any
required escrow fees.) Plans submitted less than 14 days before the
next scheduled meeting of the Planning Commission will not be considered
filed until the date of the following regular meeting of the Commission.
(b)
The Subdivision Ordinance Administrator shall, upon receipt of a subdivision or land development plan proposed for either preliminary or final approval, check the submission for completeness. If incomplete, the submission shall immediately be returned to the applicant/developer, with an indication of its deficiencies. Where applicable, the Administrator may also indicate to the applicant/developer that such plans could be submitted for sketch plan consideration as per the standards contained in § 211-20A(1) of this chapter. Written concurrence from the applicant/developer shall be required for such consideration.
(2)
Referrals. If the submission is determined complete
by the Subdivision Ordinance Administrator, all copies of the plans
shall be date-stamped and distributed as follows:
(a)
At least two copies of the plan (or other number
as may hereafter be required) and one copy of all accompanying documentation
(including any applicable review fee) shall be forwarded by the Administrator
or shall be delivered by the subdivider/developer to the Montour County
Planning Commission for its review and recommendations. The County
Planning Commission shall report its findings to the Township within
30 days of the date that such plans were submitted to it.
(b)
Where a proposed subdivision or land development
involves the design of new streets (whether public or private), stormwater
management facilities or other similar site improvements, one copy
of the plan and appropriate improvement designs shall be forwarded
by the Subdivision Administrator to the Township Engineer for review
and recommendations. In addition, copies of the plan may also be forwarded
to the Pennsylvania Department of Transportation, the Pennsylvania
Department of Environmental Protection, the Montour County Conservation
District, officials from adjacent municipalities, or other agencies,
organizations or professionals for input or comments, where such is
deemed appropriate by the Township Planning Commission or the Subdivision
Administrator. (All review agencies shall be given 30 days to respond
with comments.)
(c)
Where a proposed subdivision or land development involves the utilization of existing public sewer and/or water service, it shall be the responsibility of the subdivider/developer to deliver a copy of the proposed plans and all applicable data and documentation to the Mahoning Township Authority for review and approval. Copies of such approvals shall be provided to the Township as verification that all sewer and/or water design plans have been reviewed and approved by the Authority and its Engineer. (See §§ 211-28 and 211-29 for detailed requirements.)
(d)
All remaining copies of the plans and accompanying
documentation shall be retained by the Administrator for the review,
evaluation and recommendations of the Township Planning Commission.
(3)
Site visit. Prior to review of the plan by the Township
Planning Commission, the Subdivision Ordinance Administrator shall
view the site and evaluate the proposed plan on the basis of all information
gathered. The Administrator shall prepare a recommendation for the
Commission based on this site visit and evaluation. At its discretion,
the Township Planning Commission may also view the site of the subdivision
or land development in order to better evaluate the proposal.
(4)
Planning Commission review and recommendations.
(a)
At its first regular meeting following acceptance
of a filed plan, the Township Planning Commission shall evaluate the
subdivision or land development plan to determine its conformity to
the design standards and general principles contained in this chapter.
(The developer or his agent shall be present to discuss all such proposed
plans with the Commission and to facilitate the plan review process,
or action on the plan by the Commission may be tabled.) In addition,
the Commission shall also consider all comments received from the
County Planning Commission, the Subdivision Ordinance Administrator,
and from other review agencies. The Commission shall then make recommendations
for approval, disapproval or other appropriate action to the Supervisors.
(b)
The Planning Commission may recommend that the
subdivider/developer be required to submit a sketch or preliminary
plan for remaining undeveloped or residual property where they feel
such would be in the best interest of the Township or where they feel
such action would facilitate evaluation of subsequent submissions
by the developer.
(c)
The Commission's recommendations regarding proposed
plans shall be communicated to the Township Supervisors in writing,
a copy of which shall also be forwarded to the applicant. The recommendations
shall be signed and dated by the Chairman of the Planning Commission
or, in his absence, the Vice Chairman or other presiding officer.
If disapproval is recommended, the specific defects of the plan shall
be cited in the Commission's communication to the Supervisors.
(d)
When a proposal is recommended for approval,
the Chairman of the Planning Commission or, in his absence, the Vice
Chairman or other presiding officer shall also sign and date all remaining
copies of the plan. Such plans shall then be forwarded, along with
the Commission's recommendations, to the Township Supervisors for
action.
C.
Plan approval process.
(1)
Upon receipt of recommendations from the Township
Planning Commission, the Township Supervisors shall consider and take
action on proposed subdivision and land development plans. (The developer
or his agent shall be present to discuss all such proposed plans with
the Township Supervisors and to facilitate the plan approval process,
or the plan may be disapproved.) The Supervisors shall render a decision
and communicate it to the applicant not later than 90 days following
the date of the regular meeting of the Planning Commission next following
the date that the plan is filed, provided that, should the next regular
meeting occur more than 30 days following the filing of the plan,
the said ninety-day period shall be measured from the 30th day following
the date the plan is filed.
(2)
The Township Secretary shall notify the applicant
of the decision made by the Township Supervisors in accordance with
the following procedure:
(a)
Within 15 calendar days after the Supervisors'
meeting, the Secretary shall notify the subdivider/developer or his
agent, in writing, of the action taken by the Supervisors, specifying
what changes or additions, if any, will be required prior to plan
approval.
(b)
If the proposed plan is disapproved, the decision
shall specify the defects found, describe the requirements which have
not been met, and cite the provisions of the chapter which have been
relied upon.
(c)
Failure of the Supervisors 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 proposed plan,
unless the applicant has agreed, in writing, to an extension of the
time period or change in the manner of presentation or communication
of the decision.
(3)
All plans approved by the Supervisors shall bear the
signature of the Chairman or Vice Chairman of the Board and the date
of such action. One fully signed master copy of the subdivision or
land development plan and one copy of all related, approved design
plans shall be retained by the Township for its files and all other
remaining copies shall be returned to the applicant.
(4)
The Supervisors may grant preliminary or final plan
approval subject to conditions acceptable to the applicant. Such conditions
shall either be written on all copies of the plan and be signed by
the applicant indicating concurrence, or the Supervisors shall produce
a list of all such conditions within 15 days of the date of conditional
approval and present such listing to the applicant for written concurrence.
Failure of the applicant to sign the plans or execute the list to
indicate concurrence, as applicable, and return it to the Township
within 30 days of the conditional approval date or prior to the Supervisors'
next regular meeting, whichever comes first, shall nullify the approval
granted. Plans shall not be signed or dated by the Supervisors until
receipt of the executed concurrence from the applicant.
(5)
The Supervisors may offer a mediation option as an
aid in completing proceedings authorized by this section. In exercising
such an option, the Supervisors and mediating parties shall meet the
stipulations and follow the procedures set forth in Section 908.1
of the Pennsylvania Municipalities Planning Code (Act 247 of 1968,
P.L. 805, as reenacted and amended, and as may hereafter be further
revised).[2]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
(6)
In order to facilitate financing, when requested by
the subdivider/developer, the Supervisors may furnish the subdivider/developer
with a signed copy of a resolution or letter of contingent approval
indicating approval of the final plan contingent upon the developer
obtaining a satisfactory financial security. The final plan or record
plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days unless a written extension
is granted by the Supervisors; such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the subdivider/developer.
D.
Effect of plan submissions and approvals:
(1)
From the time a plan, whether preliminary or final,
is duly filed as provided in this chapter, and while such plan is
pending approval or disapproval, no change or amendment of any zoning,
subdivision or other governing ordinance applicable to the plan shall
affect the decision on such plan adversely to the applicant unless
the applicant voluntarily and without duress consents. The applicant
shall be entitled to a decision in accordance with the provisions
of said ordinances as they stood at the time the plan was duly filed.
(2)
Approval of the preliminary plan shall constitute
approval of the subdivision or land development as to the character
and intensity of development, and the arrangement and approximate
dimensions of streets, lots and other planned features. The approval
binds the subdivider/developer to the general scheme of the subdivision
shown and permits the subdivider/developer to proceed with final detailed
design of improvements and with preparation of the final plan. Final
plans shall conform in all significant respects with any approved
preliminary plan, or the plan submitted shall be considered to be
a revised preliminary plan. Approval of the preliminary plan does
not authorize the sale of lots nor the recording of the preliminary
plan, nor does it constitute approval of the final plan.
(3)
The applicant shall have a period of five years from
the date of preliminary approval in which to submit a final plan(s)
for the subdivision and/or substantially complete all aspects of the
approved development, including installation of all site improvements.
If the applicant fails to do so within the five-year period, the approval
of the preliminary plan shall become null and void unless an extension
of time is requested by the applicant, in writing, along with a schedule
for submission of the final plan, and is approved by the Supervisors
prior to the expiration date.
(4)
In the case of a preliminary plan calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the developer with the preliminary plan, delineating
all proposed phases as well as deadlines within which applications
for final plat approval of each phase are intended to be filed. Such
schedule shall be updated annually by the subdivider/developer on
or before the anniversary of the preliminary plan approval, until
final plat approval of the final phase has been granted, and any modification
in the aforesaid schedule shall be subject to approval by the Supervisors
at their discretion.
(5)
When an application for approval of a plat, whether
preliminary or final, has been approved, no subsequent change or amendment
in Township zoning or subdivision regulations shall adversely affect
the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of this approval
within five years of such approval. The five-year period shall, however,
be extended for the duration of any litigation, including appeals,
which prevent the commencement or 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 the 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 manner has been entered and all appeals have
been concluded. No extension shall be based upon any water or sewer
moratorium which was in effect at the time the preliminary plan application
was filed.
(6)
The final plan may be submitted in phases, each covering
a portion of the entire subdivision or land development shown on the
preliminary plan. However, each phase in a residential subdivision
or land development, except the last phase, shall contain a minimum
of 25% of the total number of lots or dwelling units depicted on the
preliminary plan, unless a lesser percentage is approved by the Supervisors.
A.
Plans involving the utilization of a single tract
of ground for the development or location of one or more nonresidential
structure or two or more residential structures or dwelling units
shall be considered, reviewed and evaluated as land development proposals
(except those exempted by definition). Land development activities
shall include, but are not limited to, the development or construction
of:
B.
Land development plans shall be reviewed and approved in accordance with the plan submission, processing and approval procedures contained in § 211-20 of this chapter. Final approval of a land development plan does not authorize the conveyance of lots but may authorize the conveyance of individual dwelling units, i.e., condominiums.
A.
Upon notification of approval of the final plan, the
subdivider/developer shall record one copy of the approved plan in
the Office of the Montour County Recorder of Deeds within 90 days
of the date of approval or the date the Supervisors' approval is noted
on the plan, whichever is later. Should the subdivider/developer fail
to record the final plan within such ninety-day period, the approval
of the Supervisors shall be null and void unless an extension of time
is requested by the subdivider/developer in writing and is granted
in writing by the Supervisors prior to the expiration date. A copy
of the approved final plan must be recorded and, where applicable,
all conditions of final approval must be met before proceeding with
the sale of lots. Further, the applicant shall supply the Township
with a receipt from the County Register and Recorder's Office verifying
recording of the final plan prior to the issuance of a zoning permit
authorizing the use of the approved parcels.
B.
Recording of the final plan shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the subject land.
C.
Recording the final plan after approval shall have
the effect of an irrevocable offer to dedicate all streets and other
ways to public use and to dedicate or reserve all park and other public
areas to public use unless reserved by the subdivider/developer as
hereinafter provided. Approval by the Township Supervisors, however,
shall not impose any duty upon Mahoning Township concerning acceptance,
maintenance or improvement of any such dedicated streets, parks, areas
or portions of same until the Supervisors shall have made actual appropriation
of the same by ordinance or resolution, or by entry, use or improvement.
For any replatting or resubdivision of land,
the same procedure, rules and regulations shall apply as prescribed
herein for an original subdivision or land development.
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Subdivision and Land Development
Plan Processing Procedures
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A.
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Plans (six copies) and appropriate fees are
submitted to Township Subdivision Ordinance Administrator no less
than 14 days before Township Planning Commission meeting
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B.
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Subdivision Ordinance Administrator reviews
submission to determine completeness. If incomplete, plans are returned
to the applicant; if complete, plans are formally submitted to Township
Planning Commission and the plan evaluation process begins
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(1)
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A minimum of one copy of plan is forwarded or
delivered to County Planning Commission for review
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(2)
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Township sends plans to Municipal Engineer,
PennDOT, DEP, Conservation District and adjoining municipalities for
review, as appropriate
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C.
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Comments are returned to Township Planning Commission
within 30 days
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D.
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Township Subdivision Administrator and/or Planning
Commission visit site of proposed subdivision or development
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E.
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Township Planning Commission evaluates plan
and makes recommendations to Township Supervisors
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F.
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Township Supervisors take action on plan within
90 days of first regular Planning Commission meeting following date
plan is filed
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G.
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Township Secretary notifies applicant of decision
made by Supervisors within 15 days of action
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H.
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Applicant records copy of approved plan within
90 days of approval and provides proof of recording to Township
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