A. 
Classification of subdivision and land developments. Whenever any subdivision of land or land development is proposed, before the sale or conveyance of any part thereof, and before any permit for the erection of a structure in such proposed subdivision or land development shall be granted, the owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision or land development in accordance with the following procedures for subdivision and land development.
B. 
Preapplication DEP consultation. Prior to the preparation of any plans, it is suggested that prospective developers consult with the Pennsylvania Department of Environmental Protection and/or Montgomery County Health Department concerning soil suitability when on-site sewage disposal facilities are proposed.
C. 
Preapplication conservation district consultation. Prospective developers shall consult with the Montgomery County Conservation District representative concerning erosion and sediment control and geologic conditions at the proposed development.
D. 
Preapplication PennDOT consultation. When the development site has frontage on a state highway and/or proposes access to a state highway, the developer shall consult with PennDOT concerning design requirements that may be imposed in addition to the requirements of this chapter.
A. 
Three stages are included in the procedure for approval of subdivision and/or land development plans: presubmission, preliminary, and final. These stages are established to enable the Horsham Township Planning Commission and Township Council to have an adequate opportunity to review the submission, and to insure that their formal recommendations are reflected in the final plan. The following table defines the required plan stages for the different types of applications:
Type of Application
Presubmission
(Sketch Plan)
Preliminary Plan
Final Plan
Minor subdivision
Suggested
Not required
Required
Major subdivision
Suggested
Required
Required
Land development
Suggested
Required
Required
Minor land development
Suggested
Not required
Required
B. 
When formally requested by an applicant, waiver from certain provisions of and strict compliance with this chapter, to permit an application to be considered a "minor land development plan," can be granted by Township Council. Such a request for waiver may be approved if the proposed application consists only of the minor expansion of an existing building or minor expansion of an existing pavement area. Every applicant for a minor land development shall acknowledge that Horsham Township shall at no time be bound to waive the provisions of this chapter and Horsham Township at its sole discretion may deny an application for a minor land development and require the applicant to conform to all the terms and provisions of this chapter. An applicant for a minor land development and all applicants have a right to file applications that conform to the provisions of this chapter. The procedures set forth in this chapter for such an application are informal and intended to benefit those applicants who intend to proceed with minor and limited expansion of an existing site.
C. 
An application will not be deemed complete unless all applicable fees have been paid by the applicant and the application and plans conform with the plan requirements set forth in Articles IV and V of this chapter.
D. 
Upon receipt of an application for subdivision or land development approval, the Township Secretary shall affix to the application the official filing date.
E. 
The application record shall be closed 14 days before the Planning Commission meeting at which the plan will be considered to allow time to examine and study the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date unless the applicant shall apply for a rescheduling of the meeting at which the plan will be considered before the Planning Commission and makes suitable provision for an extension of the review time. This policy shall apply to formal presubmission sketch, preliminary, and final plan submissions.
A. 
The applicant or his authorized representative shall distribute the required number of prints and accompanying information to Horsham Township. The required number of prints, any accompanying reports/studies and applications, as well as the required filing fees and any escrow deposit, must be submitted to the Township Zoning Officer at the Township Administration Building.
(1) 
As a minimum, 14 sets of plans shall be submitted for distribution, except with a minor land development application where the required number of plan sets to be submitted shall be as stated in Article V of this chapter. For all other applications, submitted plan sets shall be distributed as follows:
(a) 
Zoning Officer: one copy.
(b) 
Montgomery County Planning Commission: one copy.
(c) 
Horsham Township Planning Commission: one copy.
(d) 
Horsham Township Engineer: one copy.
(e) 
Horsham Township Solicitor: one copy.
(f) 
Horsham Township Council: one copy.
(g) 
Horsham Township Manager: one copy.
(h) 
Horsham Township Fire Marshal/Building Inspector: one copy.
(i) 
Horsham Township Landscape Architect: one copy.
(j) 
Horsham Water and Sewer Authority: one copy.
(k) 
Horsham Water Authority: one copy.
(l) 
Horsham Township Environmental Advisory Board: one copy.
(m) 
Horsham Township Planning Consultant: one copy
(n) 
Horsham Township Park Board: one copy.
(2) 
One additional set of plans shall be submitted to the Horsham Historical and Preservation Association if a historic resource exists on the property.
B. 
The applicant or his authorized representative shall distribute the required number of prints and accompanying reports/studies, applications and required filing fees to all other applicable reviewing agencies including but not limited to the Montgomery County Conservation District, Pennsylvania Department of Transportation, Pennsylvania Department of Environmental Protection, Montgomery County Health Department, etc.
A. 
All filing, inspection and professional (engineering/legal) fees shall be submitted to Horsham Township.
B. 
Plan filing fee. A filing fee shall accompany the preliminary plan. No application shall be accepted or acted upon unless payment is made to Horsham Township. The Horsham Township Council shall establish by resolution a schedule of fees to be paid by the subdivider or land developer to defray the cost of administering and processing of plans. The schedule of fees may be changed from time to time by resolution of the Township Council of Horsham Township.
C. 
Review fees.
(1) 
Review fees shall include reasonable and necessary charges by the Township's professional consultants or engineer for review and report to the Township, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer or consultant for similar services in the community, but in no event shall fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
(2) 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Township that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
(3) 
In the event that the Township and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such by the Commonwealth of Pennsylvania and chosen mutually by the Township and the applicant or developer.
D. 
An applicant shall, by filing a plan, be then obligated to pay the fees herein provided. The professional (engineering/legal) fees required to be paid by this section shall be promptly submitted to the Township by the applicant, upon the submission of bills therefor to the applicant from time to time by the Township Council.
A. 
The start of review date shall be as follows: The review process for plans required by the Township, as stated in the Pennsylvania Municipalities Planning Code,[1] 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 and accepted as complete by the Township Zoning Officer, 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 and accepted as complete by the Township Zoning Officer. The Township shall render a decision in writing to the applicant, at the address provided by the applicant on the application form, within 15 days following the Township's decision.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The submission of a revised preliminary or final plan which, in the opinion of the Township, constitutes a substantial departure from the preliminary or final plan currently under consideration shall constitute a new and separate submission which shall restart the time for the review of the plans as set forth in Subsection A, above. A completed application, appropriate fees and all required information shall accompany such plans.
C. 
Resubmission of plans previously denied shall be subject to all requirements of a new submission. A revision to a plan, that was previously denied, must be accompanied by a completed application form, all appropriate fees, and a written request for withdraw of the previously submitted plan. In addition, a plan which is submitted after a previous plan has been withdrawn shall also be subject to the above.
D. 
When a plan is rejected, the written communication to the applicant shall cite the provisions of Chapter 230, Zoning, this chapter and the statute with which there has been noncompliance.
E. 
The presentation of a preliminary plan and a final plan shall be considered separate submissions and the maximum review period may be required for each such plan.
F. 
If requested by the applicant, an application for preliminary plan approval may be considered as a final, by subdivision and land development ordinance waiver, if in the opinion of the Township Council, the submitted preliminary plan application meets all required final plan requirements and submittals. Such a request for preliminary/final plan approval shall be submitted to the Township, in writing, by the applicant and waiver of preliminary plan submission requirements, if a waiver is to be granted, shall be granted by Council at time of preliminary plan presentation to the Council.
G. 
The applicant may agree to extend the time requirement for the review process by submitting a written request for an extension of time to the Township Zoning Officer. The minimum period that will be ordinarily granted will be 10 days after the second Township Council's meeting next succeeding filing of the request.
H. 
All subdivisions and land developments (both minor and major) shall be required to submit the appropriate "planning module for land development" to Horsham Township before preliminary plan approval (final for minor subdivisions) for review. These modules will then be reviewed by all agencies with jurisdiction, including but not limited to the Pennsylvania Department of Environmental Protection or the Montgomery County Department of Health, to verify the conformance of each lot to the permitting requirements of appropriate agency. Review of the applicant's planning module for land development must be received by the Township prior to plan approval.
I. 
The owner of the parcel of land to be subdivided or developed shall by the submission of the plan, grant the Horsham Township 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.
J. 
Any individual or entity submitting required plans for any subdivision, including major and minor subdivisions and all land developments, shall notify all individuals or entities who own real estate within 1,000 feet of the proposed subdivision or land development, of such subdivision or land development proposal, in writing, on a form approved by the Township. Such notice shall be made by certified mail, by the Township, to each such owner of record, at the expense of the applicant.
K. 
Plan review by adjacent municipalities. Applications for tracts of land along the municipal boundary shall submit one additional set of plans which shall be forwarded to the adjacent municipality for its comments. The Township may solicit comments from an adjacent municipality even if the plan is not on the boundary of the Township, where a plan, in the opinion of the Township, affects the adjacent municipality. When comments are solicited from adjacent municipalities, the Planning Commission and the Township Council shall review the reports from the adjacent municipality as part of the plan review process.
L. 
Where final plan approval is given subject to conditions, the applicant shall accept or reject any or all of the conditions within 15 days from the date that he receives the written notification from the Township Council. Failure to accept or reject such conditions in writing within the foregoing time limit shall result in the conditional approval of the plat to become automatically rescinded pursuant to Section 503(9) of the Pennsylvania Municipalities Planning Code[2] and in the alternate, the plan is denied due to noncompliance with the specified conditions.
[2]
Editor's Note: See 53 P.S. § 10503(9).
M. 
Recording the plat: Upon approval of a final plat of subdivision or land development, the applicant shall, within 90 days of such final approval, record such plat in the office of the Recorder of Deeds of Montgomery County, Pennsylvania. The approved final plat shall bear the official seal of the Township and signature of the Township Council, and stamp of review by the Montgomery County Planning Commission, signature of the Township Planning Commission and Township Engineer, signature and seal of the professional engineer and/or land surveyor (licensed in the State of Pennsylvania) responsible for preparing the plat, and signature of any other professional providing certification of the contents of the plat. The record plan shall be printed on 24 inches by 36 inches white, opaque linen or Mylar.
N. 
Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use, and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval of the final plan shall not impose any duty upon the Township Council of Horsham Township concerning maintenance of the improvements offered for dedication nor shall such approval be construed as an acceptance of such dedication.
O. 
The subdivider shall place a notation on the final plan if there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner, and the Township shall assume no responsibility for improvement or maintenance thereof; which fact shall be noted on the plan.
A. 
General. The Township Council may grant a modification (waiver) of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
B. 
Procedure. All requests for modification (waiver) shall be in writing and shall accompany and be part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved, and the minimum modification necessary.
C. 
Requests for modification (waiver) shall be referred to the Planning Commission for advisory comments.
Submissions for proposed applications, minor subdivision, major subdivision, land development, and minor land development shall comply with all requirements specified in Article V, Application Evaluation and Plan Requirements.