Township of Forks, PA Article III General Procedures

§ 175-16 General procedure for subdivision and land developments.

A. Review and approval stages. Three stages of plan submission are included in the procedure for approval of subdivision and land development plans: sketch, preliminary and final. These stages enable the Planning Commission and the Board of Supervisors to have an adequate opportunity to review the submission and to ensure that their formal recommendations are reflected in the final plan. The table below indicates the required plans for the different types of plan submissions.

	Plan Approval Stage
			Type of Submission
	Plan	Article	Minor Subdivision	Major Subdivision	Land Development
	Sketch	IV	Not required	Recommended	Not required
	Preliminary	VI	Not required	Required	Required
	Final	VII	Required	Required	Required

B. Sketch plan. While sketch plans are not required for major and minor subdivisions and land developments, it is recommended that they be submitted. This will allow the applicant to consult early and informally with the Planning Commission and the Board of Supervisors before preparing a preliminary plan and formal application for approval. Potential differences can be more easily resolved and unnecessary expense and delay can be more easily avoided. The sketch plan will also be used to classify the subdivision as a minor or major subdivision. Comments made by the Planning Commission and the Board of Supervisors on the sketch plan are only recommendations and are not binding.

C. Preliminary plan. Except for any sketch plan which is submitted, the initial plan submitted to the Planning Commission for review of a major subdivision or land development shall be considered the official preliminary plan. Minor subdivisions need not submit a preliminary plan. The purpose of the preliminary plan is to achieve formal approval of the preliminary plan in order to minimize the need for revisions when final plans are submitted.

D. Final plan. After approval of the preliminary plan of a major subdivision or land development, the applicant submits a final plan to the Planning Commission. The purpose of the final plan is to require formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded.

E. Installation or guaranty of required improvements. Before approving any subdivision or land development plan for recording, the Board of Supervisors shall require either:

(1) That the improvements required by this chapter shall have been installed in strict accordance with the standards and specifications of this chapter; or

(2) That the Township be assured by means of a proper development agreement and performance guaranty that the improvements required by this chapter will subsequently be installed.

F. Recording of final plan. Upon the approval of a final plan, the developer shall within 90 days of such final approval, or 90 days after the date of delivery of an approved plan signed by the Township following completion of conditions imposed for such approval, whichever is later, record such plan in the office of the Recorder of Deeds of Northampton County. A copy of the receipt issued by the Recorder of Deeds shall be given by the applicant to the Township. A recording receipt shall be forwarded by the applicant to the Township Administrator immediately thereafter.

G. Notification of property owners.

(1) Upon receipt of an application for a subdivision or land development in Forks Township, the applicant shall send a letter to each property owner of record and each business owner of record within 300 feet of the proposed subdivision or land development. Proof of mailing shall be provided by the applicant. Re-notice is required if final plan approval is not received after two years from the original date.

(2) If it is determined that subdivision or land development will also be accomplishing off-site improvements, the applicant shall send a similar letter to each property owner of record and each business owner of record within 300 feet of the proposed off-site improvement.

(3) At the first Planning Commission meeting when the application is to be considered, the applicant shall deliver to the Township a certification that the notice requirements of this subsection have been met. The certification shall be signed by the applicant. It shall include the name and address of each property owner and business owner to whom the notice was sent, as well as the date of mailing.

§ 175-17 General plan submission procedure.

A. Submission.

(1) The applicant shall submit the required number of plans to the Administrator, by certified mail or by delivery in person, by 4:00 p.m. at least 14 calendar days prior to the next regularly scheduled Planning Commission meeting. It is the applicant's responsibility to be aware of and adhere to any additional procedures established by resolution of the Board of Supervisors, which will be on file in the Township offices. The number of plans required for submission are two full-size sets and five reduced-size sets no less than 11 inches by 17 inches. In addition, a complete set of the submission, including but not limited to plans, reports, and documents, shall be submitted in electronic format (e.g., PDF).

[Amended 11-19-2020 by Ord. No. 366; 7-15-2021 by Ord. No. 374]

(2) Revisions to submitted plans shall be coordinated with the Township Engineer's review letter. Revisions shall be "bubbled" and "highlighted" and denoted with the review letter's itemized comment number.

(3) The applicant shall submit colored renderings of the site plan, including location plan and color elevations of nonresidential buildings in electronic format (e.g., PDF, JPEG, TIF), as well as paper drawings, no later than 4:00 p.m. on the second Thursday of the month prior to the next regularly scheduled Planning Commission meeting.

[Amended 11-19-2020 by Ord. No. 366]

B. Forwarding by administrator. The administrator shall log in the plans, stamp the receipt date on the plans, and forward copies to the Township Engineer and other Township officers and agencies for review.

C. Review. The plan shall be placed on the agenda of the next Planning Commission meeting. If the Township Engineer's review letter is completed and distributed to the Planning Commission by 4:00 p.m. the Friday preceding said Planning Commission meeting, then the plan shall be considered at said meeting. If not, then the Planning Commission shall have the right to table the plan until the next Planning Commission meeting. The applicant shall attend the first meeting after the plan is submitted to present a brief overview of the plan

[Amended 7-15-2021 by Ord. No. 374]

D. Attendance. The applicant or the applicant's duly authorized representative shall attend the Planning Commission meetings to discuss the submitted plans. Failure to appear may be sufficient cause for plan disapproval.

E. Action by the Planning Commission. The Planning Commission shall recommend to the Board of Supervisors that the submitted plan be approved, approved with conditions or disapproved.

F. Action by Board of Supervisors. All applications for approval of a plan, whether preliminary or final, shall be acted upon by the Board of Supervisors. The Board of Supervisors shall render its 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 the application is filed, or after a final order of the court remanding an application, provided that, should the next regular Planning Commission meeting occur more than 30 days following the filing of the application or final order of the court, the ninety-day period shall be measured from the 30th day following the date the application has been filed.

G. Public hearing. The Board of Supervisors may hold a public hearing prior to rendering its decision on any plan.

H. Notification of applicant. The decision of the Board of Supervisors 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. 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 to the provisions of the statute or ordinance relied upon.

I. Timeliness. Failure of the Board of 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 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.

J. Notice to school district. Each month, the Township Solicitor shall notify in writing the Superintendent of Easton Area School District of any plan for a residential development finally approved by the municipality during the preceding month. The notice shall include, but not be limited to, the location of the development, the number and types of units to be included in the development, and the expected construction schedule of the development.