Township of Abington, PA Plan Review Procedures

The submission of a revised preliminary or final plan during the review process which is submitted to address revisions requested by the reviewing agencies shall not be considered a new submission; however, the required number of plans must be submitted to the designated official.

The submission of a revised preliminary or final plan, regardless of whether the revisions constitute a substantial departure from the preliminary or final plan presently under consideration, less than 15 days prior to the next scheduled hearing before the Code Enforcement Committee or Board of Commissioners, may be rejected in the township's sole discretion, unless any such submission of revised preliminary or final plans is accompanied by a written extension of time satisfactory to the Zoning Official and an administrative fee of $100.

[Added 4-8-1999 by Ord. No. 1840]

Resubmission of a plan previously disapproved by the Board of Commissioners shall be subject to the requirements of a new submission.

Except where required by the MPC, the time periods for review set forth in this article shall be construed as directory rather than mandatory.

When public improvements are proposed, applications for subdivision or land development will require two stages of review prior to final approval. Two stages are necessary to allow the Board of Commissioners sufficient opportunity to review the attributes and compliance of the proposal and to afford the applicant sufficient time to refine the proposal.

While the plan submitted for each stage differs in its purpose and level of detail, the same review sequence will be applied to each plan stage. The table below indicates the required stages of review for different types of plan applications:

Type of Submission (Plan)
Plan Stage	Minor Subdivision	Major Subdivision	Minor Land Development	Major Land Development
Preliminary	Not required	Required	Not required	Required
Final	Required	Required	Required	Required

All plans and applications shall be submitted to the Zoning Official or other official so designated to receive plans by the Board of Commissioners.

The owner of the parcel of land to be reviewed shall, by the submission of the plan, grant to the Board of Commissioners and its authorized agents the right to enter the parcel of land for the purpose of inspection and enforcement of the provisions imposed by this chapter.

Application for plan approval shall be prepared in compliance with the provisions of this chapter, except where, as provided by law, submission of request for modification has been provided to the township and approved by the Board of Commissioners.

Plats and surveys utilized in the submission of the application shall be prepared in accordance with State Act P.L. 913, No. 367, known as the "Professional Engineers and Professional Land Surveyors Registration Law."[1]

Editor's Note: See 63 P.S. § 148 et seq.

Purpose; applicability.

The purpose of the review sequence is to enable the township to ascertain through internal and external expertise that the subdivision or development proposal complies with its zoning, subdivision and land development and comprehensive plan regulations and to establish formal conditions of approval.

The procedures expressed by the provisions of this section shall apply to all plan submissions filed by an applicant with the Township of Abington.

Submission requirements. The applicant shall prepare and submit the following materials for plan application to the Township Zoning Official:

One original Abington Township subdivision or land development application form, completely filled out and signed by the appropriate parties.

Ten copies of the plan, folded to file size, with the plan name and title block visible.

Thirty copies of the proposed layout plan reduced to letter-size paper (8 1/2 inches by 11 inches), of such quality as to be fully legible.

(4)

Two copies of the completed land development sewage planning module, on forms supplied by the Pennsylvania Department of Environmental Resources (file number must be assigned) and written evidence on available capacity from other agencies having sewage jurisdiction, if applicable.

(5)

One Montgomery County Planning Commission application form appropriately completed, along with a check in the required amount made payable to the Montgomery County Treasurer.

(6)

Written evidence from a certified public utility, bona fide cooperative or municipal authority ensuring that the available water supply is safe, reliable and adequate for the intended uses.

(7)

Recreation facilities narrative (if applicable).

(8)

One copy of the Abington Township Zoning Hearing Board decision(s) affecting the plan, if applicable.

(9)

Two sets of tentative architectural drawings (where construction is proposed).

(10)

One original Abington Township subdivision or land development waiver and modifications form, completely filled out and signed by appropriate parties, when waivers from the requirements of this chapter are requested.

(11)

Checks as specified in Article V of this chapter and in amounts as required by the adopted fee schedule made payable to the Township of Abington.[1]

Editor's Note: The fee schedule is on file in the township offices.

Acceptance criteria.

The Township Zoning Official shall check the submission for completeness. No application shall be deemed complete unless and until all items listed in Subsection B(1) through (11) have been submitted.

If the Zoning Official determines the application to be incomplete, the applicant may be notified in writing within 14 days of the receipt of application materials. The notification shall cite the deficiencies in submission, listing appropriate sections of this chapter. An incomplete application will be returned to the applicant and shall not be considered as filed or commencing the time period allocated for township review of the submission.

If the Zoning Official determines that the application as submitted could not be approved by the Board of Commissioners without specific variances or special exceptions first being granted by the Zoning Hearing Board, the application shall be deemed incomplete, and the Zoning Official shall respond according to the guides of Subsection C(2) above, and the applicant shall file a submission with the Zoning Hearing Board.

(4)

If the submission is complete, the Zoning Official shall accept the plan application, and the plan shall be considered accepted as of the date of filing. The Zoning Official shall then initiate the following procedure of:

Establishing the time period officially allocated for township review of the submission and determining the date by which a decision must be rendered by the Board of Commissioners.

Notifying the applicant and Township Manager in writing that the submission has been accepted for review. The notification shall cite the time period allocated for township review and state the proposed schedule of reviews before the appropriate reviewing commissions.

Collecting and promptly depositing all application fees in the proper township accounts and collecting and transmitting all other applicable fees to respective agencies.

Distributing the application material as described below.

(5)

Acceptance of a plan application for review is not a waiver from any zoning requirements determined to be applicable after acceptance of the plan application.

Distribution of plans.

In order to facilitate prompt review of the application, the Zoning Official shall, upon acceptance, distribute the plan and application material in the described manner to the following reviewing agencies and enforcement staff:

Montgomery County Planning Commission: one copy of the plan and one copy of land development planning module, along with the Montgomery County Planning Commission application form and check.

Township Engineer: two copies of the plan and two copies of the land development planning module, together with one copy of remaining submission materials.

Code Enforcement and Land Development Committee: two copies of the plan, together with one copy of remaining submission materials.

Township Fire Marshal: two copies of the plan and one copy of the architectural drawings.

Township Building Inspector: one copy of the plan and one copy of the architectural drawings.

Township Zoning Official: two copies of the plan, together with one copy of remaining submission materials.

In order to facilitate appropriate review of the application, the Zoning Official shall, after acceptance, distribute the plan and application material in an appropriate manner to the following reviewing commissions, prior to their scheduled meeting to review the application:

Abington Township Planning Commission: 10 copies of the reduced subdivision/land development layout plan, together with nine copies of appropriate submission materials and review comments.

Abington Township Code Enforcement and Land Development Committee: two copies of the plan, together with five copies of the reduced subdivision/land development layout plan and appropriate submission materials and review comments.

Abington Township Board of Commissioners: 15 copies of the reduced subdivision/land development layout plan, together with 15 copies of appropriate submission materials and review comments.

Review procedure.

The Montgomery County Planning Commission shall, within 30 days from the date that the preliminary plan was forwarded to the agency, review the preliminary plan and prepare a report for the local Planning Commission and the Board of Commissioners.

Following acceptance of the plan application, the Township Zoning Official shall conduct the following activities:

Review the plan and application material for conformance with the Township Zoning Ordinance and other applicable ordinances and regulations.

Prepare a report containing compliance findings and pertinent planning recommendations for the Township Planning Commission and the Code Enforcement and Land Development Committee.

Establish an application file for the purpose of collecting all correspondence and reviews regarding the submission and tracking the exact status of the application at all points in time.

Following receipt of the plan application, the Township Engineer shall conduct the following activities:

Review the plan and application material for conformance with this chapter and applicable engineering considerations with the applicant's submission.

Review the land development planning modules for completeness, technical accuracy and compliance with the adopted 537 Plan of the township. After the modules have been found complete or adjusted as necessary, he/she shall, with the approval of the Township Planning Commission, forward two copies of the planning modules to the Pennsylvania Department of Environmental Resources for review and approval.

Determine if any additional applications to special reviewing agencies must be made by the applicant or township, as a result of any unique site conditions found during the review process. These agencies may include the Soil Conservation Service, Watershed Associations, Department of Environmental Resources, Pennsylvania Department of Transportation, Federal Emergency Management Agency or Army Corps of Engineers.

Prepare a report containing compliance findings and pertinent engineering recommendations for the Planning Commission and Code Enforcement and Land Development Committee and forward the report to the Zoning Official.

(4)

Following receipt of the plan application, the Township Fire Marshal shall conduct the following activities:

Review the plan and application material for conformance with this chapter, design standards relating to firesafety and other applicable township codes, which may affect site and building layout considerations in achieving adequate water supply, fire fighting access and sound firesafety principles.

Forward a copy of the accepted plan to the Chief of the fire company having jurisdiction over the property involved with the submission. The Chief may inform the Fire Marshal, within the period stated by him/her, of any firesafety concerns he/she may have. The Fire Marshal may then incorporate these concerns into his/her report.

Prepare a report containing compliance findings and pertinent planning recommendations for the Township Planning Commission and Code Enforcement and Land Development Committee and forward the report to the Zoning Official.

(5)

Following receipt of the plan application, the Township Building Inspector shall conduct the following activities:

Review the plan and application material for conformance with the adopted Township Building Code,[2] and other applicable township codes, which may affect site and building layout considerations in achieving proper construction design for the size and use of all proposed structures.

Editor's Note: See Ch. 62, Building Construction.

Prepare a report containing compliance findings and pertinent construction recommendations for the Township Planning Commission and Code Enforcement and Land Development Committee and forward the report to the Zoning Official.

(6)

The Township Planning Commission shall, at its next regularly scheduled meeting following receipt of the review comments from the township staff and the Montgomery County Planning Commission:

Review the applicant's plan and submission materials.

Review the report prepared by the Montgomery County Planning Commission for code compliance and impact.

Review the composite reports from the township staff involved in the plan reviewing process.

Evaluate the presentation of the proposal by the applicant and conduct discussion with the applicant, if necessary, regarding general and specific aspects of the plan.

Determine whether the plan meets the objectives of the township's Comprehensive Plan and the requirements of the zoning, subdivision and land development and other applicable ordinances of the township.

Recommend revisions, if any, so that the plan will conform to township ordinances and regulations.

(g)

Review and recommend approval or disapproval of the sewage facility planning module application, if required by the application type, for compatibility with the adopted Act 537 Plan of Abington Township and submit a written report of its conclusion to the Township Engineer.

(h)

Recommend approval or disapproval of the plan in a written report to the Board of Commissioners. Such report may be subject to the following:

It shall be submitted to the Zoning/Planning Official within 15 days following the public review of the plan.

If the Planning Commission recommends disapproval of the plan, the report shall cite the provisions of this chapter and a recommendation to the applicant for corrective procedures to eliminate the deficiencies in the plan.

[3]

The report shall contain the voting record for and against approval of the plan.

[4]

The report shall be signed by the Chairman and/or Secretary of the Commission.

(7)

The Zoning/Planning Official shall, at the conclusion of all reviews by internal and external agencies:

Compile a summary report of the findings of all reviewing agencies and present, as the review may warrant, a general or specific recommendation for approval or disapproval to the Code Enforcement and Land Development Committee.

Notify the applicant and all parties involved, by copy of the above report, on the status of the plan and offer to the applicant:

The opportunity to submit or alter any request for waivers involved with the plan, citing the ordinance provision and reason.

The opportunity to extend the time period for the township to complete review of the plan application because extensive revision to the plan and subsequent reviews will be necessary.

(8)

The Code Enforcement and Land Development Committee shall, at its next regularly scheduled meeting following receipt of the review comments from the township staff and Township Planning Commission:

Review the applicant's plan and submission materials.

Review the composite reports and recommendations from the internal and external reviewing agencies involved in the plan reviewing process.

Evaluate any presentation of the proposal by the applicant and conduct discussion with the applicant regarding the composite reports and recommendations from the internal and external reviewing agencies.

Evaluate any request for waivers or modifications to the plan which has been initially submitted by the applicant or modified as a result of reviewing agency comments.

Determine which plan deficiencies are recommended to be corrected and which planning recommendations are advised to be implemented by the applicant.

Recommend approval, approval with conditions or disapproval of the plan in a written report to the Board of Commissioners. Such report shall be summarized and signed by the Secretary to this Committee and cite the applicable provisions of this chapter. The report shall be forwarded to the Township Manager for his/her distribution to the Board of Commissioners and incorporation into the appropriate Board agenda.

(9)

The Board of Commissioners shall, within 90 days following the start of the plan review period, render its approval or disapproval on the application, provided that:

The Board of Commissioners shall not approve the plan until:

The report from the Montgomery County Planning Commission has been received or until a period of 30 days following the forwarding of the completed submission to the county has elapsed with no response.

The written comments of the various reviewing agencies have been received or a period of 60 days has elapsed from the date of acceptance of the plan by the Township Zoning Official with no response.

The Board of Commissioners has reviewed the reports of the Montgomery County Planning Commission, if issued, and the summary report of the Code Enforcement and Land Development Committee, if issued.

The Board of Commissioners has evaluated any presentation of the proposal by the applicant and conducted discussion with the applicant regarding the composite reports and recommendations from the internal and external reviewing agencies.

The Board of Commissioners has evaluated any request for waivers or modifications to the plan which has been initially submitted by the applicant or modified as a result of reviewing agency comments.

If approval is granted, the Board shall express its approval and state the specific conditions of approval, if any.

If the plan is disapproved, the Board of Commissioners shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the chapter relied upon.

(10)

Conditions of decision.

The decision of the Board of Commissioners shall be in writing and shall be communicated to the applicant (or his/her agent) personally or mailed to him/her at his/her last known address not later than 15 days following the decision or within such time limits as may be allocated under the Pennsylvania Municipalities Planning Code.[3]

[3]

Editor's Note: See 53 P.S. § 10101 et seq.

Approval of a preliminary plan shall not constitute an approval of the final plan or authorize the sale of lots or the construction of buildings or any site development.

If a plan is disapproved, the applicant may file a revised plan with the Township Zoning Official. Each revised submission shall require new application materials and the payment of new application fees. Upon such action, the applicant will replenish any required escrow deposit.

Notice procedure.

[Added 10-13-2022 by Ord. No. 2197]

Prior to the review of the Township Planning Commission, as stated above at § 146-14E(6), the applicant shall provide notice of the first meeting of the Township Planning Commission at which the applicant's application will be reviewed as provided herein.

Notice shall be sent to the owner or owners of every lot on the same street within 500 feet of the lot(s) proposed for development, and of every lot not on the same street within 250 feet of the said lot(s) proposed for development. The notices herein required shall be delivered by first-class mail or hand delivery at least seven days prior to the scheduled meeting, shall state the location of the proposed development, the general nature of the proposed development, and the date, time and location of the meeting. Notice shall also be provided to the Township in the same manner.