The following submission and review process shall apply for minor subdivisions, lot line adjustments, merger or consolidation of lots (also referred to as reverse subdivision), land developments involving only a single nonresidential building addition of less than 3,000 square feet of building floor area with no additional dwelling units, and what the township determines to be minor corrections or minor revisions of previously approved plans under § 154.108.
(B) 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
(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) If a state road is involved, the applicant shall forward the required information to PennDOT and apply for a highway occupancy permit. If such permit is not granted prior to final plan approval, then it shall automatically be a condition of final plan approval, and the plans shall not be signed or released for recording by the township until the PennDOT permit is granted.
(4) The applicant shall provide a copy of the plans for review to the Lehigh Valley Planning Commission with the required county review fees. A soil erosion and sedimentation control plan shall be provided to the County Conservation District.
(C) Initial actions by the staff.
(1) The staff shall review the submission items filed against a checklist for completeness and shall report such review to the Commission at its next regularly scheduled meeting.
(2) The staff shall retain in the township’s files one “File Copy” of all materials submitted by the applicant.
(3) The staff shall forward the applicable submission information to the Township Engineer and the Township Planning Commission before the next regularly scheduled meeting of the Commission.
(D) Review by Township Engineer. The Township Engineer should review the engineering considerations in the plan and prepare an initial report on such considerations to the Planning Commission. The Township Engineer may make additional reports and recommendations to the Planning Commission and the Board of Supervisors during review of the plan.
(E) Review by Planning Commission. The Township Planning Commission should accomplish the following within the time limitations of the Pennsylvania Municipalities Planning Code, being 53 P.S. §§ 10101 et seq. (unless the applicant grants a written time extension):
(1) Review all applicable reports received from the appropriate review agencies and officers;
(2) Determine whether the final plan submission meets the requirements of this chapter and other applicable ordinances;
(3) Review the final plan submission and recommend any needed revisions so that the submission will conform to this chapter and other applicable ordinances; and
(4) 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 Commission and any reports received from any other 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.
(4) County Planning Commission review. 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 County Planning Commission, whichever shall occur first.
(G) Decision by Board of Supervisors.
(1) 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 the last known address not later than 15 days following the decision.
(2) (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 such acceptance is specifically made at such time.
(b) Any such acceptance of dedication shall be specifically stated along with the signatures required for approval.
(c) 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. The Board of Supervisors may require an applicant to provide title insurance.
(3) If 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) If conditions are placed upon an approval, it shall be the responsibility of the applicant, 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.
(Ord. 127, passed 3-18-2010)