1. The subdivider, ten days prior to the meeting of the Commission at which consideration is desired, shall file with the Commission five copies, one to be a Mylar sheet, of a preliminary plat of the proposed layout of the subdivision along with the necessary application, fees, and all such other data as is required. The Mylar may be filed at final approval.
2. In addition to the preliminary plat, the subdivider shall provide the approved planning module or other appropriate forms indicating municipal and DEP approval of all the lots for sewage disposal facilities in conformance with Act 537, the Pennsylvania Sewage Facilities Act, 35 P.S. §§ 750.1 et seq.
3. If water is to be provided by means other then by private wells owned and maintained by the individual owners of lots within the subdivision or land development, applicants shall present evidence to the Planning Commission that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
4. No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Pennsylvania Highway Law (36 P.S. § 670-420) before driveway access to a state highway is permitted. A township road occupancy permit shall also be obtained prior to any construction.
5. Furthermore, the township shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department of Transportation or the township.
6. The Commission shall determine whether the preliminary plat shall be approved, approved subject to conditions acceptable to the applicant, or disapproved. The Commission shall notify the subdivider in writing thereof including, if approved with conditions or if disapproved, a statement of reasons for such action. A copy of the preliminary plat shall be returned to the subdivider.
7. When the major subdivision or land development is approved subject to certain conditions imposed by the Planning Commission, the decision shall be in writing and specify the conditions of approval. The decision shall be communicated to the applicant not later than 15 days following the decision.
8. The applicant must respond in writing to the Planning Commission within 30 days of receipt of the letter setting forth the conditions of approval, stating his or her acceptance or rejection of the conditions of approval. If a response is not received from the applicant indicating acceptance or rejection of the conditions, within the specified time frame, approval of the plan shall be rescinded automatically. Plan approval will also be rescinded automatically if the written response from the applicant indicates rejection of the conditions of approval.
9. Before taking final action on any submitted plat, the Commission may submit copies of the preliminary plat and accompanying data to the local offices of the Soil Conservation Service and the Department of Environmental Resources Protection for their comments as to the suitability of the proposed development.
10. Approval of the preliminary plat shall not constitute approval of the final subdivision plat by the Planning Commission.
11. The developer, after official notification by the Planning Commission of approval of the preliminary plan and the changes, if any to be made therein, shall, within six months thereafter, prepare and submit to the Planning Commission the final or record subdivision plat. Unless an extension of time is granted by the Planning Commission, the preliminary approval shall expire and become null and void after the six-month period herein specified.
(Ord. 1983-3, passed 12-12-1983; Ord. 1989-1, passed 3-13-1989; Ord. 1991-5, passed 4-29-1991) (A.O.)