(A) Final plan submission required.
(1) A final plan submission for each major subdivision or land development must be filed by the applicant and reviewed in accordance with the provisions of this subchapter.
(2) A final plan shall only be submitted after a preliminary plan has been approved by the Board of Supervisors, if a preliminary plan is required.
(B) Final plan submission deadline. An applicant shall file a final plan submission within five years from the date of the approval of the preliminary plan by the Board of Supervisors. Failure to comply with this requirement shall render the preliminary plan submission null and void, and a new preliminary plan submission must be filed under any currently applicable ordinances.
(C) Filing and distribution.
(1) (a) The applicant shall file with the township staff at least 19 calendar days prior to a regular Township Planning Commission meeting (not including a workshop meeting):
1. The required fees; and
2. The information and plans required under § 154.092.
(b) Any subsequent submittal of revised plans shall be submitted at least 19 calendar days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Planning Administrator.
(2) The township staff shall forward applicable plans and documents to the Township Planning Commission prior to or at the first regularly scheduled Planning Commission meeting after a proper submission.
(3) Applicant’s distribution: it is the applicant’s responsibility to:
(a) Make agreements with the appropriate utility companies to guarantee applicable provision of service;
(b) Submit a complete application to PennDOT for any needed permit for access to or work within a state road right-of-way;
(c) Provide information to DEP or other agencies for any permits that might be required;
(d) Submit a copy of the soil erosion and sedimentation plan to the County Conservation District, and pay its required review fees, if earth disturbance is proposed, and if such erosion control plan was not approved at the preliminary plan level;
(e) Provide a copy of the plans to the Lehigh Valley Planning Commission, with any required fee;
(f) If a sewage facility planning module is required by DEP, the applicant shall submit two complete copies for township use, plus shall submit copies of the module and plans to various agencies as required under state regulations. A sewage planning module shall be completed and fully approved prior to final plan approval; and
(g) Provide information needed by the Sewage Enforcement Officer, if applicable.
(4) The filing of the final plan shall conform with the approved preliminary plan and any conditions and changes recommended by the township during the preliminary plan review.
(5) Revisions.
(a) A detailed list of revisions from a previously submitted plan shall be provided whenever a revised plan is submitted.
(b) The developer’s plan preparer shall certify that the list of revisions is complete.
(D) Review by Township Engineer.
(1) The Township Engineer shall review the submission and provide a report to the Planning Commission and Board of Supervisors. Such review should be provided prior to the first Planning Commission meeting at which the submission will be discussed.
(2) The applicant and/or his or her plan preparer should make reasonable efforts to resolve technical engineering considerations outside of and prior to Planning Commission meetings.
(3) A copy of findings of the Township Engineer should be sent or handed in person to the applicant or his or her representative and the Planning Commission.
(E) Review by Planning Commission. The Township Planning Commission shall accomplish the following within the time limitations of Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (unless the applicant grants a written time extension), while allowing a sufficient number of days within this deadline for a decision by the Board of Supervisors:
(1) Review applicable reports received from official review agencies;
(2) Consider whether the final plan submission meets the requirements of this chapter and other applicable ordinances; and
(3) Recommend approval, conditional approval or disapproval of the final plan submission in writing to the Board of Supervisors.
(F) Review by Board of Supervisors.
(1) The Board of Supervisors shall:
(a) Review the recommendation of the Planning Commission and any reports received from official reviewing agencies;
(b) Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances; and
(c) Approve, conditionally approve or disapprove the final plan submission within the time limits established by the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq.
(2) As of the adoption date of this chapter, state law requires:
(a) The Board of Supervisors to act on the application and render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Township Planning Commission next following the date the application is filed, or after a final order of the court remanding an application; provided that should the said next regular meeting occur more than 30 days following the filing of the application, or the final order of the court, the said 90-day period shall be measured from the thirtieth day following the day the application has been filed; and
(b) No subdivision or land development shall be granted final approval until a report is received from the Lehigh Valley Planning Commission or until the expiration of 30 days from the date the application was forwarded to the Lehigh Valley Planning Commission, whichever comes first.
(G) Decision by Board of Supervisors.
(1) Notice to applicant. The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address not later than 15 days following the decision.
(2) Dedications.
(a) The approval of the final plan by the Board of Supervisors shall not by itself constitute an acceptance of the dedication of any street or other proposed public way, space or area, unless the such acceptance is specified at such time.
(b) Any such acceptance of dedication shall only occur after formal action of the township at such time.
(c) As part of an improvements agreement, if the Board of Supervisors elects to accept lands offered for dedication, the submission shall be accompanied by duly executed instruments of conveyance to the township. Such instruments shall state that the title thereof is free and unencumbered.
(d) The Board of Supervisors may require that a subdivider provide title insurance.
(3) Disapproval. When a final plan submission is disapproved, the decision shall specify defects found in the submission, shall describe requirements which have not been met, and shall cite the provisions of the statute or ordinance relied upon in each case.
(4) Conditions.
(a) The Board of Supervisors may attach reasonable conditions to an approval to ensure the carrying out of this chapter, other township ordinances and state laws and regulations. If conditions are placed upon an approval, it shall be the responsibility of the applicant or his or her authorized representative, in writing, to accept or reject the conditions within a maximum of 30 days after the date of the decision by the Board of Supervisors. If the applicant fails to accept or reject the conditions within such time period, then it shall be presumed that the applicant has accepted all of the conditions upon the approval. If the applicant rejects any condition, then the approval shall be rescinded, unless a decision of a court determines such condition was not valid.
(b) The applicant shall be required to show compliance with all the conditions upon the final plan approval within one year after the date of the decision by the Board of Supervisors, unless a written extension is granted by the Board of Supervisors.
(H) Development in stages.
(1) If requested by the applicant, the Board of Supervisors may permit the undertaking of the required improvements and the preparation of the final plan to be completed in a series of sections or stages, each covering a portion of the proposed subdivision or land development as shown on the preliminary plan.
(2) If final plans are to be filed in sections or stages, each section or stage shall provide sufficient access, utilities and amenities to allow the development to properly function if future stages are not built.
(3) The boundaries of phases and the timing of related improvements shall be subject to the approval of the Board of Supervisors.
(I) Statement of approval. At the request of the applicant, the township shall furnish the applicant with a signed copy of a resolution indicating approval of the applicant’s final plan contingent upon the applicant providing a satisfactory financial security. The final plan will not be signed by township officials until a satisfactory financial security is presented. The resolution of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not provided within 90 days, unless a written extension is granted by the township.
(Ord. 127, passed 3-18-2010)