(A) Preliminary plan. An applicant requesting preliminary approval of a major subdivision shall submit the plan as hereinbelow designated in the prescribed form, together with the designated fee and evidence that no taxes or assessments are outstanding against the property. Where the preliminary plan covers only a part of the subdivider’s entire holding, a sketch shall be included on the plan of a prospective site and street configuration for the future use of the remainder of the property.
(1) Application filing. Following the (optional) preapplication conference, the subdivider shall prepare and submit to the Township Planning Commission, by delivery to the Township Administrative Secretary/Treasurer at least 15 days prior to the regular monthly meeting of the Planning Commission, copies of the preliminary plan. The number of copies to be filed shall be specified by the Planning Commission. Upon receipt of the plan, the Township Administrative Secretary/Treasurer shall forward copies to the County Planning Commission for a review and report. The township shall not give final approval of such application until the county report is received, or until the expiration of 30 days from the date the application was forwarded to the county.
(2) Review of preliminary plan.
(a) In addition to submission of the preliminary plan to the Township Planning Commission, the Township Administrative Secretary/Treasurer will also forward one copy of the preliminary plan to the Township Solicitor (if requested by the Planning Commission, the Board of Supervisors or the Code Enforcement Officer), the Township Engineer, the Code Enforcement Officer and the Township Sewage Enforcement Officer for their review and comment to the Township Planning Commission at or prior to the Township Planning Commission meeting at which the application is to be considered.
(b) In cases where the subdivision adjoins an existing state highway or has proposed streets entering onto a state highway, the applicant is required to submit the plans to the Pennsylvania Department of Transportation for review and comment to the Township Planning Commission.
(c) In cases where the subdivision abuts any stream or natural watercourse, the applicant is required to submit the plans to the Pennsylvania Department of Environmental Protection for review and comment to the Township Planning Commission.
(d) The Township Planning Commission will review the preliminary plan to determine if it meets the standards set forth in this chapter and other ordinances of the township.
(e) The Township Planning Commission will act on the preliminary plan within 60 days of the official filing date, but, in any event, shall act on the plan in time for the Township Board of Supervisors to render its decision within 90 days from the official filing date. The Planning Commission shall notify the subdivider of the scheduled meeting place, date, time and agenda if the plan is to be reviewed at a later date.
(f) In the event any modification from this chapter is requested by the applicant, the modification, and the justifications for its necessity, shall be forwarded together with a recommendation by the Township Planning Commission to the Board of Supervisors for consideration.
(3) Planning Commission recommendation. The Township Planning Commission shall recommend whether the preliminary plan shall be approved, approved with modifications or disapproved, and shall notify the Township Board of Supervisors in writing thereof, including, if disapproved, a statement of reasons for such action.
(4) Approval of preliminary plans.
(a) The Township Board of Supervisors shall act on the preliminary plan within 90 days of the official filing date. Failure to do so shall be deemed an approval. Before acting on a preliminary plan, the Township Board of Supervisors may hold a hearing thereon after public notice.
(b) The Township Board of Supervisors shall notify the applicant of its decision to approve, approve with conditions or disapprove the preliminary plan in writing. Such notice shall be given to the applicant in person or mailed to him or her at his or her last-known address not later than 15 days following the decision. If the plan is approved with conditions acceptable to the developer and accepted by him or her in writing, or disapproved, the Township Board of Supervisors shall specify in its notice the conditions which must be met and/or the defects found in the plan and the requirements which have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.
(c) Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots and other planned features. The approval binds the subdivider or developer to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the subdivider to proceed with final detailed design of improvements, to arrange for guarantee to cover installation of the improvements and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of a preliminary plan.
(B) Final plan. An applicant requesting final plan approval of a major subdivision shall submit the plan as hereinbelow designated in the prescribed form, together with the designated fee and evidence that no taxes or assessments are outstanding against the property.
(1) Application filing.
(a) Approval of a preliminary plan shall be prerequisite to the filing of a final plan with the Township Planning Commission, except that the requirement for a preliminary plan approval may be waived following a preapplication conference (see §§ 152.045 through 152.050), provided that the subdivision plan complies with the definition for a minor subdivision or the subdivider does not contemplate further subdivision of the parcel, submits a scale drawing of the entire parcel that delineates the areas to be subdivided and complies with all requirements for final plans as specified in this chapter and all other applicable local, county, state and federal rules and regulations.
(b) The subdivider shall prepare and submit to the Township Planning Commission, by delivery to the Township Administrative Secretary/Treasurer at least 15 days prior to the regular monthly meeting of the Planning Commission, copies of the final plan. The number of copies to be filed shall be specified by the Planning Commission. Upon receipt of the plan, the Township Administrative Secretary/Treasurer shall forward copies to the County Planning Commission for a review and report. The township shall not give final approval of such application until the county report is received or until the expiration of 30 days from the date the application was forwarded to the county.
(2) Review of final plan.
(a) In addition to submission of the final plan to the Township Planning Commission, the Township Administrative Secretary/Treasurer will also forward one copy of the plan to the Township Solicitor (if requested by the Planning Commission, the Board of Supervisors or the Code Enforcement Officer), the Township Engineer, the Township Code Enforcement Officer and the Township Sewage Enforcement Officer for their review and comment to the Township Planning Commission at or prior to the Township Planning Commission meeting at which the application is to be considered.
(b) The Township Planning Commission will review the final plan to determine if it meets the standards set forth in this chapter and other ordinances of the township.
(c) The Township Planning Commission will act on the final plan within 60 days of the official filing date, but, in any event, shall act on the plan in time for the Township Board of Supervisors to render its decision within 90 days from the official filing date. The Planning Commission shall notify the subdivider of the scheduled meeting place, date, time and agenda if the plan is to be reviewed at a later date.
(3) Planning Commission recommendation. The Township Planning Commission shall recommend whether the final plan shall be approved, approved with modifications or disapproved and shall notify the Township Board of Supervisors in writing thereof, including, if disapproved, a statement of reasons for such action.
(4) Approval of final plans.
(a) The Township Board of Supervisors shall act on the final plan within 90 days of the official filing date. Failure to do so shall be deemed an approval. Before acting on a final plan, the Township Board of Supervisors may hold a hearing thereon after public notice.
(b) The Township Board of Supervisors shall notify the applicant of its decision to approve, approve with conditions or disapprove the final plan in writing. Such notice shall be given to the applicant in person or mailed to him or her at his or her last-known address not later than 15 days following the decision. If the plan is approved with conditions acceptable to the developer and accepted by him or her in writing, or disapproved, the Township Board of Supervisors shall specify in its notice the conditions that have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.
(c) If the final plan is approved subject to conditions, the Township Board of Supervisors shall not endorse the plan until all of the conditions have been met.
(d) From the time an application for approval of a preliminary or final plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 153, Zoning, this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in government regulations.
1. When an application for approval of a plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval, within five years from such approval.
2. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
(e) If the Township Board of Supervisors approves the final plan or grants a conditional approval, it shall set the amount of bonding or other security necessary to guarantee the construction of improvements and community facilities and shall state such amount in the notice to the applicant.
(5) Recording of final plans.
(a) Upon approval of the final plan, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no less than six prints thereof, which shall be submitted to the Township Board of Supervisors not later than 30 days after approval. These plans, upon satisfaction of all conditions attached to the approval, will be signed by the Township Board of Supervisors. The plastic original of the signed final plan shall be recorded in the office of the Recorder of Deeds of the county within 90 days after approval of the final plan, or the approval of the Township Board of Supervisors shall be null and void. The final plan must be recorded before proceeding with the sale of lots or construction of buildings.
(b) 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 Board of Supervisors or the township concerning maintenance or improvements by ordinance or resolution.
(c) 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 final plan.
(2003 Code, § 146-15) (Ord. 2-96, passed 7-5-1996)