A.
In order
to discharge the duties imposed by law, the Township has adopted the
following procedures which shall be observed by all applicants, developers,
and their agents.
B.
The procedures
for review of subdivision or land development plans normally include
two stages, preliminary and final, and may also include a sketch plan
stage at the option of the applicant. These stages may be necessary
to provide the Planning Commission and Council adequate opportunity
to review each proposal and to ensure that their formal recommendations
are reflected in the final plan. The separate stages of approval include
the submission of an optional sketch plan, a preliminary plan, and
a final plan. These plans differ in their purpose and required level
of detail. The table below indicates the recommended and required
plans for the different types of submissions.
|
Plan Stage
|
See Section
|
Minor Subdivision
|
Major Subdivision
|
Land Development
|
|---|---|---|---|---|
|
Sketch
|
§ 177-15
|
Recommended
|
Recommended
|
Recommended
|
|
Preliminary
|
Not required
|
Required*
|
Required*
| |
|
Final
|
Required
|
Required
|
Required
|
|
NOTES:
|
|
* The preliminary plan requirements may be waived by Council.
|
C.
All plans and applications shall be submitted to the Bristol Township Department of Licenses and Inspections. Plans and applications shall not be deemed submitted until they are accepted by the Bristol Township Department of Licenses and Inspections as being in proper form and accompanied by the proper filing fee and any escrow deposit for the cost of the review. A fee shall be required for processing and reviewing any preliminary or final plan. The fee and escrow schedule for all plans submitted under this chapter shall be adopted by resolution of Council and may be amended from time to time. Escrow deposits shall be submitted for legal, engineering, and administrative costs as required by § 177-96. The Township shall have the sole responsibility to forward the plans to other reviewing agencies. Plans are not to be delivered to any reviewing agency by the owner, developer, or his agent.
D.
The review
process for the plans required by the municipality shall include no
more than 90 days following the date of the regular meeting of the
Planning Commission next following the date the application is filed,
provided that should the said next regular meeting occur more than
30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. If the applicant agrees in writing to an extension
of time, the ninety-day period may be extended.
E.
The presentation
of a preliminary plan and a final plan shall each be considered a
separate submission and the maximum ninety-day review period may be
required for each such plan.
F.
The submission
of a revised preliminary or final plan shall constitute a new and
separate submission. The review process for revised plans by the Township
shall include no more than 90 days following the date of the regular
meeting of the Planning Commission next following the date the application
is filed, provided that should said next regular meeting occur more
than 30 days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
has been filed. If the applicant agrees in writing to an extension
of time, the ninety-day period may be extended. A revised plan must
be accompanied by a completed application form, all required information
and appropriate fees.
G.
The owner
of the parcel of land to be subdivided or developed shall submit a
written statement granting Council, its authorized agents and representatives,
the Planning Commission, and the representatives of the county and
Township departments and agencies having responsibility for review
and/or approval under this chapter the right to enter the parcel of
land for the purpose of inspection and enforcement of the requirements,
terms and conditions imposed herein.
H.
Where a
tract is to be developed in phases, a complete preliminary plan for
the entire tract shall be submitted initially. Preliminary approval
of the plan must be obtained for the entire proposed development.
Final approval may be obtained phase by phase, but such development
phases shall be specified on the preliminary plan and must be numbered
in the proposed order that they are to be developed. Such order of
development must be adhered to, and if changes are required, plans
must be refiled and reviewed and approved. Each phase of a development
must be designed so that it could be developed independently and stand
on its own meeting all applicable Township ordinances without other
phases, including the street system and utilities.
The purpose of the sketch plan is to afford the applicant the
opportunity to consult early and informally with the Township staff,
and if desired the Planning Commission, Council and Bucks County Planning
Commission before preparation of the preliminary plan and formal application
for approval.
The purpose of the preliminary plan is to require formal conditional
approval of plans in order to minimize changes and revisions before
final plans are submitted.
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the provisions
of this chapter.
A.
Applicant
prepares the preliminary plan and application.
B.
Applicant
submits 22 copies of the preliminary plan and application along with
any required fees and escrow to the Department of Licenses and Inspections
no less than 21 days before the next regularly scheduled Planning
Commission meeting.
C.
Department
of Licenses and Inspections checks submission against checklist for
completeness and: if submission is complete, accepts the preliminary
plan, application and fees, and dates and initials the plan; or, if
submission is incomplete, returns submission to applicant indicating
the deficiencies, within seven working days.
D.
Department
of Licenses and Inspections shall immediately distribute copies of
the preliminary plan and application with request to review to:
(1)
Township
Council: five copies.
(2)
Township
Planning Commission: five copies.
(3)
Bucks
County Planning Commission: one copy.
(4)
Township
Engineer: two copies.
(5)
Township
Managing Director: one copy.
(6)
Bucks
Conservation District: one copy.
(7)
Township
Solicitor: one copy.
(8)
Township
Fire Marshal: two copies.
(9)
Township
Executive: one copy.
(10)
Traffic
Safety Offices: one copy.
(11)
Director
of Public Works: one copy.
(12)
Department
of Licenses and Inspection (Township files): one copy.
(13)
Additional
copies for public agencies as may be determined by the Planning Commission.
E.
When required
by the Pennsylvania Department of Environmental Protection (PaDEP),
the applicant shall submit a Planning Module for Land Development
to the Bucks County Department of Health and/or the PaDEP.
F.
Bucks County
Planning Commission shall review the preliminary plan and prepare
analysis for review by the Township Planning Commission and Council
within 30 days of a complete submission received by the county.
H.
Prior to
the Planning Commission meeting at which the preliminary plan is to
be considered, the proper legal notice will be given. The owner or
developer will be notified in writing, at the address shown on the
applicant's submission, that the preliminary plan has been received
and will be considered by the Planning Commission at its meeting of
specified date.
I.
Within 45 days following the starting date of the review process as set forth in § 177-14D and F, the Planning Commission shall:
(1)
Review
the applicant's submission and the reports submitted from all applicable
reviewing agencies.
(2)
Listen
to the applicant's presentation, if requested.
(3)
Evaluate
the applicant's submission, presentation, discussion with the applicant,
and reports submitted by all applicable agencies.
(4)
Decide
whether the preliminary plan meets the objectives of the Comprehensive
Plan and the requirements of this and other applicable ordinances.
(5)
Render
its recommendation to Council in writing, specifying any recommended
conditions for approval, identifying any defects found in the application,
and describing any requirements which have not been met. The provisions
of any statute or ordinance relied upon shall be cited.
J.
Within
15 days after the Planning Commission meeting, report of action shall
be mailed or personally delivered to the applicant and all other concerned
parties.
K.
Within 90 days following the starting date of the review process as set forth in § 177-14D and F, Council shall:
(1)
Receive
and review the applicant's submission and the reports submitted from
all applicable reviewing agencies.
(2)
Listen
to the applicant's presentation, if requested.
(3)
Evaluate
the applicant's submission, presentation, discussion with the applicant,
and reports submitted by all applicable agencies.
(4)
Decide
whether the preliminary plan meets the objectives of the Comprehensive
Plan and the requirements of this and other applicable ordinances.
(5)
Render
its decision in writing, which shall be communicated to the applicant
personally or mailed to the applicant's last known address by certified
mail 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, describe requirements which have
not been met and shall, in each case, cite the provisions of the statute
or ordinance relied upon. The applicant shall be notified, where applicable,
that approval of the application shall be automatically rescinded
upon the applicant's failure to accept conditions of approval in writing
within 60 days of the approval.
L.
Whenever
the approval of a preliminary plan is subject to conditions, the written
action of Council as prescribed herein shall:
(1)
Specify
each condition of approval, citing the relevant ordinance provisions
in each case.
(2)
Require
the applicant's written agreement to the conditions. Where the applicant's
written acceptance of the conditions is not received within the time
allotted, Council shall be deemed to have denied approval.
M.
Approval
of the preliminary plan shall constitute conditional approval of the
subdivision or development as to the character and intensity, but
shall not constitute approval of the final plan or authorize the sale
of lots or construction of buildings.
The purpose of the final plan is to require formal approval by Council before plans for all subdivisions and land developments are recorded as required by § 177-27 of this chapter.
A final plan shall be submitted conforming to the changes agreed
to during the preliminary plan procedure. The final plan and all information
and procedures relating thereto shall in all respects be in compliance
with the provisions of this chapter, except where modifications therefrom
have been granted by Council.
A.
Applicant
prepares the final plan and application.
B.
Applicant
submits 22 copies of the final plan and application along with the
necessary permits and letters of approvals from the reviewing agencies
and any required fees and escrow to the Department of Licenses and
Inspections no less than 21 days before the next regularly scheduled
Planning Commission meeting.
C.
Department
of Licenses and Inspections checks submission against the checklist
for completeness and: if submission is complete, accepts the final
plan, application and any applicable fees, and dates and initials
the plan; or, if the submission is incomplete, returns submission
to applicant and indicates the deficiencies, within seven working
days.
D.
Department
of Licenses and Inspections shall immediately distribute copies of
the final plan and application with request to review to:
(1)
Township
Council: five copies.
(2)
Township
Planning Commission: five copies.
(3)
Bucks
County Planning Commission: one copy.
(4)
Township
Engineer: two copies.
(5)
Township
Managing Director: one copy.
(6)
Bucks
Conservation District: one copy.
(7)
Township
Solicitor: one copy.
(8)
Township
Fire Marshal: two copies.
(9)
Township
Executive: one copy.
(10)
Traffic
Safety Offices: one copy.
(11)
Director
of Public Works: one copy.
(12)
Department
of Licenses and Inspections (Township files): one copy.
(13)
Additional
copies for public agencies as may be determined by the Planning Commission.
E.
Bucks County
Planning Commission shall review the final plan and prepare analysis
for review by the Township Planning Commission and Council within
30 days of a complete submission received by the county.
G.
Within 45 days following the starting date of the review process as set forth in § 177-14D and F, the Planning Commission shall:
(1)
Review
the applicant's submission and the reports submitted from all applicable
reviewing agencies.
(2)
Listen
to the applicant's presentation, if requested.
(3)
Evaluate
the applicant's submission, presentation, discussion with the applicant,
and reports submitted by all applicable agencies.
(4)
Render
its recommendation to Council in writing, specifying any recommended
conditions of approval, identifying any defects found in the application,
and describing any conditions of preliminary plan approval and/or
any applicable requirement of this chapter which has not been met.
The provisions of any statute or ordinance relied upon shall be cited.
H.
Within 90 days following the starting date of the review process as set forth in § 177-14D and F, Council shall:
(1)
Receive
and review the applicant's submission and the reports submitted from
all applicable reviewing agencies.
(2)
Listen
to the applicant's presentation, if requested.
(3)
Evaluate
the applicant's submission, presentation, discussion with the applicant,
and reports submitted by all applicable agencies.
(4)
Determine
whether the final plan meets the conditions of preliminary plan approval
and/or the requirements of this and other applicable ordinances.
(5)
Render
its decision in writing which shall be communicated to the applicant
personally or mailed to the applicant's last known address by certified
mail 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, describe requirements which have
not been met and shall, in each case, cite the provisions of the statute
or ordinance relied upon. The applicant shall be notified, where applicable,
that approval of the application shall be automatically rescinded
upon the applicant's failure to accept conditions of approval in writing
within 60 days of the approval.
I.
Council shall adopt a resolution approving or denying the final plan. Approval shall not be final until entry into contract and production of completion guaranties as set forth in § 177-80.
In any case where a final plan is denied, any person aggrieved
thereby may appeal therefrom in accordance with the provisions of
the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
In the case of minor subdivisions (as defined in § 177-10), it is the purpose of this section to provide a simplified procedure by which said minor subdivisions may be submitted and approved.
In the event that the proposed subdivision shall involve a change in the location of streets, sanitary or storm sewers, water mains, culverts, and other municipal improvements, then the provisions of this section shall not be applicable, and the applicant shall be required to comply with the requirements for preliminary plan submissions in § 177-18 or for final plan submissions in § 177-21.
A.
Applicant
prepares the minor subdivision plan and application.
B.
Applicant
submits 22 copies of the minor subdivision plan and application along
with any required fees and escrow to the Department of Licenses and
Inspections no less 21 days before the next regularly scheduled Planning
Commission meeting.
C.
Department
of Licenses and Inspections checks submission against checklist for
completeness and if submission is complete, accepts minor subdivision
plan, application and fees, and dates and initials the plan; or, if
submission is incomplete, returns submission to applicant and indicates
the deficiencies, within seven working days.
D.
Department
of Licenses and Inspections shall immediately distribute copies of
the plan and application with request to review to:
(1)
Township
Council: five copies.
(2)
Township
Planning Commission: five copies.
(3)
Bucks
County Planning Commission: one copy.
(4)
Township
Engineer: two copies.
(5)
Township
Managing Director: one copy.
(6)
Bucks
Conservation District: one copy.
(7)
Township
Solicitor: one copy.
(8)
Township
Fire Marshal: two copies.
(9)
Township
Executive: one copy.
(10)
Traffic
Safety Offices: one copy.
(11)
Director
of Public Works: one copy.
(12)
Department
of Licenses and Inspections (Township files): one copy.
(13)
Additional
copies for public agencies as may be determined by the Planning Commission.
E.
Bucks County
Planning Commission shall review the final plan and prepare analysis
for review by the Township Planning Commission and Council within
30 days of a complete submission received by the county.
G.
Prior to
the Planning Commission meeting at which the minor subdivision plan
is to be considered, the proper legal notice will be given. The owner
or developer will be notified in writing, at the address shown on
the applicant's submission, that the plan has been received and will
be considered by the Planning Commission at its meeting of specified
date.
H.
Within 45 days following the starting date of the review process as set forth in § 177-14D and F, the Planning Commission shall:
(1)
Review
the applicant's submission and the reports submitted from all applicable
reviewing agencies.
(2)
Listen
to the applicant's presentation, if requested.
(3)
Evaluate
the applicant's submission, presentation, discussion with the applicant,
and reports submitted by all applicable agencies.
(4)
Decide
whether the plan meets the objectives of the Comprehensive Plan and
the requirements of this and other applicable ordinances.
(5)
Render
its recommendation to Council in writing, specifying any recommended
conditions for approval, identifying any defects found in the application,
and describing any requirements which have not been met. The provisions
of any statute or ordinance relied upon shall be cited.
I.
Within 90 days following the starting date of the review process as set forth in § 177-14D and F, Council shall:
(1)
Receive
and review the applicant's submission and the reports submitted from
all applicable agencies.
(2)
Listen
to the applicant's presentation, if requested.
(3)
Evaluate
the applicant's submission, presentation, discussion with the applicant,
and reports submitted by all applicable agencies.
(4)
Decide
whether the final plan meets the objectives of the Comprehensive Plan
and the requirements of this and other applicable ordinances.
(5)
Render
its decision in writing, which shall be communicated to the applicant
personally or mailed to the applicant's last known address by certified
mail 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, describe requirements which have
not been met and shall, in each case, cite the provisions of the statute
or ordinance relied upon. The applicant shall be notified, where applicable,
that approval of the application shall be automatically rescinded
upon the applicant's failure to accept conditions of approval in writing
within 60 days of the approval.
J.
Council shall adopt a resolution approving or denying the final plan. Approval shall not be final until entry into contract and production of completion guaranties as set forth in § 177-80.
See § 177-22 for appeal process.
A.
Prior to
recording a final plan, all construction agreements must be executed.
Land development agreements shall be prepared and funded and all outstanding
fees unpaid shall be paid in full.
B.
The final
plan, as approved and signed by Council shall, within 90 days of the
satisfaction of all conditions of approval, be recorded in the Office
of the Recorder of Deeds of Bucks County. The Recorder of Deeds shall
not accept any plat for recording unless such plat officially notes
the approval of Township Council, and review by the Bucks County Planning
Commission. The applicant shall notify Council, in writing, of the
date of such recording and the plan book and page wherein such subdivision
or land development plan is recorded. If the plan is not recorded
within the ninety-day period, the approval shall lapse and become
void. Council may extend the ninety-day period upon written application
by the applicant.
A.
After a subdivision or land development plan has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of any official map which is adopted by the municipality in accordance with Article IV of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10401 et seq.
B.
Streets,
parks, and other public improvements shown on a subdivision or land
development plan to be recorded, may be offered for dedication to
the Township by formal notation thereof on the plan; or the owner
may note on the plan that such improvements have not been offered
for dedication to the Township.
C.
Every street,
park or other improvement shown on a subdivision or land development
plan that is recorded as provided herein, shall be deemed to be a
private street, park or improvement until such time as the same has
been offered for dedication to the Township and accepted by formal
action of Council, and filed in the Office of the Bucks County Recorder
of Deeds, or until it has been condemned for use as a public street,
park, or other improvement.
A.
The Township
Engineer shall make a final inspection with the applicant of all required
improvements.
A.
Council
shall notify the applicant of acceptance of the required improvements
if satisfied that the applicant has complied with all specifications
and ordinances of the Township.
B.
The applicant
shall:
(1)
Furnish
the Township with one Mylar and paper print of the completed required
improvements including drainage, profiles and utilities.
(2)
Pay
all cost for the Clerk of Courts, Criminal Division of the Court of
Common Pleas of Bucks County, on the petition and resolution of Council
to the said Court for its approval of the acceptance of the required
improvements.
(3)
Whenever
dedication of streets or other improvements is required, the proposed
deed of dedication will be executed and recorded at the sole expense
of the applicant.
